Home/New York Court of Appeals/Di Marsico v. Whalen

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
New York Court of Appeals·Decided March 18, 1980·Published·Cited by 5 cases

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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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).

404 N.E.2d 741 (Di Marsico v. Whalen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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