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Di Marsico v. Whalen

404 N.E.2d 741, 49 N.Y.2d 822, 427 N.Y.S.2d 619, 1980 N.Y. LEXIS 2182
CourtNew York Court of Appeals
DecidedMarch 18, 1980
StatusPublished
Cited by5 cases

This text of 404 N.E.2d 741 (Di Marsico v. Whalen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Di Marsico v. Whalen, 404 N.E.2d 741, 49 N.Y.2d 822, 427 N.Y.S.2d 619, 1980 N.Y. LEXIS 2182 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (68 AD2d 971), to which we add only that the power of the commissioner to revoke prescription forms under subdivision 5 of section 3338 of the Public Health Law extends to any person who fails to comply with article 33 whether that person be licensed pursuant to that article or a physician who is permitted to dispense controlled substances, because he is a licensed practitioner, without a separate article 33 license (see § 3302, subd 28; § 3331).

Concur; Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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Bluebook (online)
404 N.E.2d 741, 49 N.Y.2d 822, 427 N.Y.S.2d 619, 1980 N.Y. LEXIS 2182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-marsico-v-whalen-ny-1980.