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MATTER OF OKSLEN ACUPUNCTURE P.C. v. CUOMO

5454, 114191/09.

85 A.D.3d 661 (2011)

925 N.Y.S.2d 827

2011 NY Slip Op 5564

In the Matter of OKSLEN ACUPUNCTURE P.C., Appellant, v. ANDREW M. CUOMO, as Attorney General of the State of New York, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 28, 2011.

Dismissal of this proceeding on the ground that it seeks to compel discretionary acts was proper (see Klostermann v Cuomo, 61 N.Y.2d 525, 539 [1984]; see also People v Bunge Corp., 25 N.Y.2d 91, 97 [1969]). General Business Law § 85 does not mandate that respondent prosecute all alleged violations of General Business Law article 7. Rather, the relevant language of that provision, namely...

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