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  5. 68 N.Y.2d 987 (1986)
 

MATTER OF RAKSTIS v. AXELROD

68 N.Y.2d 987 (1986)

In the Matter of John F. Rakstis, Doing Business as Schell's Red Cross Pharmacy, Appellant, v. David Axelrod, as Commissioner of the New York State Department of Health, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1986.

Attorney(s) appearing for the Case

Robert J. Krzys for appellant.

Robert Abrams, Attorney-General (O. Peter Sherwood, Peter H. Schiff and Julie S. Mereson of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

MEMORANDUM.

The judgment of the Appellate Division should be reversed, with costs, and the matter remitted to that court for further proceedings on the petition.

Petitioner, the owner and supervising pharmacist of Schell's Red Cross Pharmacy in Amsterdam, New York, was fined $12,000 for various alleged violations of Public Health Law article 33, which governs the sale and distribution of controlled substances. The...

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