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COTTAGE PUB v. MERMELSTEIN

6 Misc.3d 492 (2004)

786 N.Y.S.2d 283

In the Matter of PATRICIA ANN COTTAGE PUB, INC., Doing Business as JACK McCARTHY'S PUB, et al., Petitioners, v. LINDA MERMELSTEIN, as Commissioner of the County of Suffolk Department of Health Services, Respondent.

Supreme Court, Suffolk County.

October 13, 2004.

Attorney(s) appearing for the Case

William C. Goggins, P.C., Mattituck, for petitioners.

Christine Malafi, County Attorney, Hauppauge (Christopher M. Gatto of counsel), for respondent.

OPINION OF THE COURT

PAUL J. BAISLEY, JR., J.

Petitioners, three bar/restaurants located in Suffolk County, New York, commenced this CPLR article 78 proceeding, by order to show cause dated March 8, 2004, for the following relief: (i) judicial review of respondent's findings of fact, decisions and orders dated January 13, 2004 which found each of the petitioners guilty of violating Public Health Law §...

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