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MATTER OF MILLER v. AXELROD

147 A.D.2d 969 (1989)

In the Matter of Edward J. Miller et al., Petitioners, v. David Axelrod, as Commissioner of The New York State Department of Health, Respondent

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

February 3, 1989

Determination unanimously annulled on the law with costs and petition granted, in accordance with the following memorandum: In this proceeding transferred pursuant to CPLR 7804 (g), petitioners seek to annul the determination by the Commissioner of Health which found that petitioners had violated the Public Health Law by using misleading and deceptive advertising and assessed a civil penalty. Petitioners were charged with four separate violations of article 34 of the Public...

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