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IN THE MATTER OF FERRUGIA v. NEW YORK STATE DEPARTMENT OF HEALTH

5 A.D.3d 1116 (2004)

773 N.Y.S.2d 628

In the Matter of MARTHA FERRUGIA, Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents. (Appeal No. 2.).

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

March 19, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is affirmed without costs for reasons stated in decision at Supreme Court (Ferrugia v New York State Dept. of Health, 192 Misc.2d 709 [2002]).

All concur except Wisner and Scudder, JJ., who dissent and vote to reverse in accordance with the following memorandum.

Wisner and Scudder, JJ. (dissenting...

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