Ordered that the order and judgment is reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed with prejudice.
The Supreme Court erred in its determination that the plaintiff had not exhausted his administrative remedies. Pursuant to Public Health Law § 2801-b (2), a physician claiming to be aggrieved by an "improper practice" as defined in Public Health Law § 2801-b (1) must present his complaint to the Public Health Council...
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