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IN THE MATTER OF S & S GROCERY OF NY CORP. v. NOVELLO

12 A.D.3d 448 (2004)

783 N.Y.S.2d 854

In the Matter of S&S GROCERY OF NY CORP., Respondent v. ANTONIA C. NOVELLO, as Commissioner of Health of the State of New York, Appellant.

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

November 8, 2004.

Ordered that the appeal is dismissed, and the order and judgment is vacated; and it is further,

Adjudged that the proceeding is dismissed, with prejudice; and it is further,

Ordered that one bill of costs is awarded to the Commissioner of Health of the State of New York.

Since the petition raises only substantial evidence questions, and the remaining point raised by the Commissioner of Health of the State of New York (hereinafter the Commissioner)...

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