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MATTER OF HOCH v. NEW YORK STATE DEPARTMENT OF HEALTH

1 A.D.3d 994 (2003)

768 N.Y.S.2d 53

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 21, 2003.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously vacated, the determination is annulled on the law without costs and the petition is granted.

Memorandum:

Petitioner commenced this proceeding seeking to annul the determination that he sold tobacco products to a person under the age of 18 in violation of Public Health Law § 1399-cc (2). Respondent, New York State Department of Health (DOH), appeals from a judgment...

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