Opinion
Argued February 20, 1975
Decided March 20, 1975
Appeal from the Supreme Court in the First Judicial Department, LEON BECKER, J.
Michael Oakes Finkelstein, Gerald A. Novack and Peter L. Agovino for appellant.
Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan of counsel), for respondent.
Order affirmed on the ground that, within the four corners of the ordinance (New York City Health Code, § 13.21), such intervention of the physician is suggested as not to permit "standing orders".
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER. Judges JONES, FUCHSBERG and COOKE dissent and vote to reverse on the ground that the ordinance is not sufficiently clear to require the intervention of a physician as argued by the city and as sustained by the courts.