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MATTER OF FAY'S INC. v. DOH

169 Misc.2d 944 (1996)

645 N.Y.S.2d 995

In the Matter of Fay's Incorporated, Petitioner, v. New York State Department of Health, Respondent.

Supreme Court, Albany County.

June 24, 1996

Attorney(s) appearing for the Case

Greene, Hershdorfer & Sharpe (Bruce G. Soden of counsel), for petitioner. Dennis C. Vacco, Attorney-General (James B. McGowan of counsel), for respondent.

ANTHONY J. CARPINELLO, J.

Petitioner Fay's Incorporated (Fay's) challenges the procedure used by the respondent New York State Department of Health (Department) to find that a clerk at a Fay's store in Williamson, New York, had sold cigarettes to a minor in violation of the Adolescent Tobacco-Use Prevention Act (Public Health Law art 13-F [the Act]). Petitioner claims that the Department's Geneva District...

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