Matter of Wesser v. State of New York Dept. of Health

Full title: In the Matter of DAVID R. WESSER, Appellant, v. STATE OF NEW YORK…

Court: Court of Appeals of the State of New York

Date published: Oct 25, 1983

457 N.E.2d 784 (N.Y. 1983)

457 N.E.2d 784

469 N.Y.S.2d 678

Opinion

Decided October 25, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NORMAN C. RYP, J.

Deyan Ranko Brashich for appellant.

Robert Abrams, Attorney-General ( Mary Fisher Bernet of counsel), for respondent.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs. The Appellate Division correctly held that section 303 of the State Administrative Procedure Act is applicable and that it precludes the petitioner from seeking judicial review at this time.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.