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BUIES, INC. v. MORROW

12 Misc.3d 541 (2006)

812 N.Y.S.2d 862

In the Matter of BUIES, INC., Doing Business as DODESTER'S, Petitioner, v. CYNTHIA B. MORROW, M.D., as Commissioner of the County of Onondaga Health Department, Respondent.

Supreme Court, Onondaga County.

March 31, 2006.

Attorney(s) appearing for the Case

Linnan & Fallon, LLP, Albany (James D. Linnan of counsel), for petitioner.

Anthony P. Rivizzigno, County Attorney, Syracuse (Kathleen M. Dougherty of counsel), for respondent.

OPINION OF THE COURT

DEBORAH H. KARALUNAS, J.

Petitioner Buies, Inc., doing business as Dodester's, commenced this action pursuant to CPLR article 78 by filing a petition and order to show cause on September 6, 2005 seeking to vacate a penalty and fine imposed upon it by respondent, the County of Onondaga Health Department. Specifically, the petition seeks to overturn a June 30, 2005 order finding that Dodester...

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