Petition granted, on the law, to the extent of annulling that portion of the determination finding petitioner in violation of Public Health Law § 3331 (2) and vacating the penalty imposed in its entirety. Determination otherwise confirmed and proceeding dismissed on the merits, with costs to petitioner, and matter remitted to the respondent for imposition of a new penalty.
The determination of the Commissioner of Health that petitioner had violated Public Health...
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