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MATTER OF DOE v. NOVELLO

193 Misc.2d 457 (2002)

749 N.Y.S.2d 662

In the Matter of JOHN DOE, M.D., Petitioner, v. ANTONIA C. NOVELLO, M.D., M.P.H., Individually and as Commissioner of Health of the State of New York, et al., Respondents.

Supreme Court, Albany County.

September 26, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Risa L. Viglucci of counsel), for respondents.

Arent Fox Kintner Plotkin & Kahn, PLLC, New York City (David N. Wynn of counsel), for petitioner.

OPINION OF THE COURT

GEORGE B. CERESIA, Jr., J.

John Doe, M.D. (hereinafter, petitioner), a duly licensed physician, has commenced the above-captioned combined action/proceeding to review a determination of the New York State Department of Health and the Office of Professional Medical Conduct (OPMC) (respondent). On (date) petitioner was issued a formal warning under Public Health Law § 230 with respect to certain alleged professional misconduct. Petitioner...

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