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MATTER OF ROTHMAN v. AXELROD

150 A.D.2d 457 (1989)

In the Matter of Herbert A. Rothman, Appellant, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

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

May 8, 1989

Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument, or made upon reargument or renewal of a decision; and it is further,

Ordered that the order and judgment is modified, on the law, by adding a provision thereto declaring 10 NYCRR 96.1 (m) (2) and (14) are constitutional; as so modified, the order and judgment is affirmed, without costs or disbursements.

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