Judgment unanimously reversed, without costs, and petition dismissed.
Memorandum:
The Commissioner of Health appeals from a judgment in a CPLR article 78 proceeding granting the petition of John P., M.D., to vacate the commissioner's order, served January 27, 1983, suspending petitioner from the practice of ophthalmology for a period of 60 days pending hearing and determination of charges pursuant to subdivision 12 of section 230 of the Public Health Law....
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