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  5. 71 N.Y.2d 484 (1988)
 

MATTER OF DOE v. AXELROD

71 N.Y.2d 484 (1988)

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

Court of Appeals of the State of New York.

Decided March 24, 1988.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Howard L. Zwickel, O. Peter Sherwood, Lawrence S. Kahn and Adina Kling of counsel), for appellant.

Jerome R. Halperin and Guy S. Halperin for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur with Judge DILLON; Judge SIMONS concurs in result in a separate opinion.

DILLON, J.

Petitioner brought this article 78 proceeding in the nature of prohibition seeking to annul and vacate an order of the Commissioner of Health. The order reversed rulings of an Administrative Officer made at a disciplinary hearing before a Committee of the State Board for Professional Medical Conduct, and directed that the Committee reconvene and complete the hearing. The petition should be dismissed...

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