Brittman v. Axelrod

• Decision Date: 21 October 1982
• Citation: 454 N.Y.S.2d 1018,90 A.D.2d 466
• Parties: In re Application of Harold R. BRITTMAN, Petitioner, For a Judgment etc., v. David AXELROD, etc., Respondent.
• Court: New York Supreme Court — Appellate Division

Page 1018

454 N.Y.S.2d 1018

90 A.D.2d 466

In re Application of Harold R. BRITTMAN, Petitioner, For a Judgment etc., v. David AXELROD, etc., Respondent.

Supreme Court of New York, Appellate Division, First Department.

October 21, 1982

E. Ginsberg, New York City, for petitioner. J.J. O'Grady, New York City, for respondent.

Article 78 petition, transferred to this court by order of the Supreme Court, New York County (Ryp, J.), entered January 14, 1982, by which petitioner seeks to annul a determination by respondent Commissioner of the Department of Health of the State of New York finding him $242,652 for violations of thePublic Health Law, Article 33, granted, without costs or disbursements, to the extent of annulling the penalty, remanding to the Commissioner for redetermination of the penalty, and the Commissioner's determination otherwise confirmed. The penalty was computed on the basis of each allegation found to have been proven. Respondent concedes that a remand is required because the fines imposed on allegations 2 and 13 are duplicative. This also appears to be true with respect to allegations 3 and 8 and allegations 1, 6 and 7.

KUPFERMAN, J.P., and SANDLER, SULLIVAN, ROSS and LYNCH, JJ., concur.