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HOCH v. STATE HEALTH DEPT.

191 Misc.2d 462 (2002)

744 N.Y.S.2d 297

In the Matter of RICHARD W. HOCH, Doing Business as RICK'S GENERAL STORE, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH, Respondent.

Supreme Court, Lewis County.

May 10, 2002.

Attorney(s) appearing for the Case

William J. Riley for petitioner.

Elliot Spitzer, Attorney General (James P. O'Rourke of counsel), for respondent.

OPINION OF THE COURT

JOSEPH D. McGUIRE, J.

Before the court is the application of Richard W. Hoch, doing business as Rick's General Store, for a judgment pursuant to CPLR article 78. Petitioner requests that a decision by the New York State Department of Health be vacated, that the fine imposed be set aside, and that the suspension of petitioner's "Retail Dealer Certificate of Registration" for sale of cigarettes...

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