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MATTER OF DOE v. AXELROD

123 A.D.2d 21 (1986)

In the Matter of John Doe, Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent

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

December 30, 1986

Attorney(s) appearing for the Case

Jerome R. Halperin, P. C. (Guy S. Halperin and Alice Slater with him on the brief), for appellant.

Adina Kling of counsel (Robert Abrams, Attorney-General, attorney), for respondent.

KASSAL and ROSENBERGER, JJ., concur with FEIN, J.; SANDLER, J. P., and SULLIVAN, J., dissent in an opinion by SULLIVAN, J.

FEIN, J.

This CPLR article 78 proceeding seeks to challenge the authority of the Commissioner of Health to issue an interlocutory order reversing a ruling of the Administrative Law Officer appointed to a panel hearing professional misconduct charges against petitioner, a licensed medical practitioner. This appeal raises the substantive question of whether the Commissioner...

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