New York § 3394 Judicial review

New York Statutes

§ 3394 — Judicial review

New York § 3394

Law PBHPublic Health

Title 7Offenses, Violations and Enforcement

Art. 33Controlled Substances

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Bluebook

N.Y. Public Health § 3394 (2026).

Text

§ 3394. Judicial review.

1.All orders or determinations hereunder\nshall be subject to judicial review as provided in article seventy-eight\nof the civil practice law and rules. In any such proceeding findings of\nfact made by the commissioner, if supported by substantial evidence,\nshall be conclusive.\n 2. Application for such review must be made within sixty days after\nservice of the order or determination upon the person whose license,\ncertificate, right or privilege is affected thereby or upon the attorney\nof record for such person.\n 3. An order, or the enforcement of an order revoking or suspending a\nlicense or revoking or cancelling official forms issued by the\ndepartment, if accompanied by a finding of a clear and imminent danger\nto the public health or safety, may not

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§ 3394. Judicial review. 1. All orders or determinations hereunder\nshall be subject to judicial review as provided in article seventy-eight\nof the civil practice law and rules. In any such proceeding findings of\nfact made by the commissioner, if supported by substantial evidence,\nshall be conclusive.\n 2. Application for such review must be made within sixty days after\nservice of the order or determination upon the person whose license,\ncertificate, right or privilege is affected thereby or upon the attorney\nof record for such person.\n 3. An order, or the enforcement of an order revoking or suspending a\nlicense or revoking or cancelling official forms issued by the\ndepartment, if accompanied by a finding of a clear and imminent danger\nto the public health or safety, may not be temporarily stayed or\nrestrained prior to a determination on the merits of the application for\njudicial review.\n