Willer v. Cooperman

Appellate Division of the Supreme Court of New York

Willer v. Cooperman

61 A.D.2d 1021, 403 N.Y.S.2d 55, 1978 N.Y. App. Div. LEXIS 10667

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1978

StatusPublished

This text of 61 A.D.2d 1021 (Willer v. Cooperman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Willer v. Cooperman, 61 A.D.2d 1021, 403 N.Y.S.2d 55, 1978 N.Y. App. Div. LEXIS 10667 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action, inter alia, to review respondent’s determination suspending petitioner’s authorization to participate as a physician in the workmen’s compensation program, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 16, 1978, which, inter alia, denied his motion to preliminarily enjoin the suspension. Order reversed, without costs or disbursements, and motion for a preliminary injunction granted on condition that plaintiff not seek or request an adjournment of the hearing now scheduled to be held before the Kings County Medical Society on April 6,1978, the preliminary injunction to be effective until the determination by the medical society at the conclusion of the hearing. Plaintiff was afforded neither a hearing nor notice of the charges against him prior to his suspension. There is no indication in the record that the public health, safety or welfare required the emergency action of a suspension prior to a hearing (cf. Gerard v Barry, 59 AD2d 901). Mollen, P. J., Hopkins, Martuscello and Damiani, JJ., concur.

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In an action, inter alia, to review respondent’s determination suspending petitioner’s authorization to participate as a physician in the workmen’s compensation program, plaintiff appeals from an order of the Supreme Court, Kings County, dated February 16, 1978, which, inter alia, denied his motion to preliminarily enjoin the suspension. Order reversed, without costs or disbursements, and motion for a preliminary injunction granted on condition that plaintiff not seek or request an adjournment of the hearing now scheduled to be held before the Kings County Medical Society on April 6,1978, the preliminary injunction to be effective until the determination by the medical society at the conclusion of the hearing. Plaintiff was afforded neither a hearing nor notice of the charges against him prior to his suspension. There is no indication in the record that the public health, safety or welfare required the emergency action of a suspension prior to a hearing (cf. Gerard v Barry, 59 AD2d 901). Mollen, P. J., Hopkins, Martuscello and Damiani, JJ., concur.

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Bluebook (online)

61 A.D.2d 1021, 403 N.Y.S.2d 55, 1978 N.Y. App. Div. LEXIS 10667, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willer-v-cooperman-nyappdiv-1978.

Opinion

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