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  5. 89 N.Y.2d 250 (1996)
 

MATTER OF WOLKOFF v. CHASSIN

89 N.Y.2d 250 (1996)

675 N.E.2d 447

652 N.Y.S.2d 712

In the Matter of Kenneth Wolkoff, Respondent, v. Mark Chassin, as Commissioner of Health of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 14, 1996.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Terryl L. Brown, Thomas D. Hughes and Barbara Gott Billet of counsel), for appellant.

Schneider, Harris & Harris, Woodmere (Robert H. Harris and Sondra I. Harris of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

According to the Public Health Law, the Administrative Review Board for Professional Medical Conduct (ARB), which reviews physician disciplinary determinations, shall consist of five members — three physician and two lay members. This case challenges the validity of an ARB determination made by three physician members, without its two lay members. We conclude that action taken by a three...

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