Yannett v. Berman

New York Court of Appeals

Yannett v. Berman

402 N.E.2d 1172, 49 N.Y.2d 750, 426 N.Y.S.2d 271, 1980 N.Y. LEXIS 2115

CourtNew York Court of Appeals

DecidedFebruary 7, 1980

StatusPublished

Cited by2 cases

This text of 402 N.E.2d 1172 (Yannett v. Berman) 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

Yannett v. Berman, 402 N.E.2d 1172, 49 N.Y.2d 750, 426 N.Y.S.2d 271, 1980 N.Y. LEXIS 2115 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The appeal as of right in this article 78 proceeding should be dismissed for want of a substantial constitutional question, but on the court’s own motion appellant should be granted leave to appeal. In view of our reversal and dismissal of the indictment for the predicate felony in People v Yannett (49 NY2d 296, decided herewith), the judgment confirming respondents’ determination should be reversed, with costs, and the [752]*752determination made under subdivision 5 of section 2806 of the Public Health Law annulled. That disposition is, however, without prejudice to such further disciplinary proceeding, if any, as respondents may be advised to bring on the basis of the underlying facts.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Appeal taken as of right dismissed, without costs. On the court’s own motion, leave to appeal granted to petitioner. Judgment reversed, without costs, and respondents’ determination annulled.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The appeal as of right in this article 78 proceeding should be dismissed for want of a substantial constitutional question, but on the court’s own motion appellant should be granted leave to appeal. In view of our reversal and dismissal of the indictment for the predicate felony in People v Yannett (49 NY2d 296, decided herewith), the judgment confirming respondents’ determination should be reversed, with costs, and the [752]*752determination made under subdivision 5 of section 2806 of the Public Health Law annulled. That disposition is, however, without prejudice to such further disciplinary proceeding, if any, as respondents may be advised to bring on the basis of the underlying facts.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Appeal taken as of right dismissed, without costs. On the court’s own motion, leave to appeal granted to petitioner. Judgment reversed, without costs, and respondents’ determination annulled.

Cite This Page — Counsel Stack

Bluebook (online)

402 N.E.2d 1172, 49 N.Y.2d 750, 426 N.Y.S.2d 271, 1980 N.Y. LEXIS 2115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yannett-v-berman-ny-1980.

Opinion

Related

Cite This Page — Counsel Stack