MATTER OF LAP v. AXELROD


95 A.D.2d 457 (1983)

In the Matter of Richard Lap, Respondent-Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, Appellant-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 6, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Diane DeFurio Foody and William J. Kogan of counsel), for appellant-respondent.

O'Connell & Aronowitz, P. C. (Cornelius D. Murray of counsel), for respondent-appellant.

SWEENEY, J. P., KANE, CASEY and LEVINE, JJ., concur.


WEISS, J.

The underlying facts on the instant appeal are set forth fully in Matter of Lap v Axelrod (97 A.D.2d 583 [decided herewith]). In the instant case, respondent appeals Special Term's annulment of his order of revocation of petitioner's operating certificate upon the authority of Matter of Hodes v Axelrod (56 N.Y.2d 930

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