New York Court of Appeals, 1980

Di Marsico v. Whalen

New York Court of Appeals · Decided March 18, 1980

49 N.Y.2d 822; 427 N.Y.S.2d 619; 404 N.E.2d 741; 1980 N.Y. LEXIS 2182

Cases that cite this one

5 later published cases cite this decision.

Rakstis v. Axelrod (N.Y. 1986)
Rakstis v. Axelrod (Appellate Division of the Supreme Court of New York 1986)
People ex rel. Cleveland v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 1985)
People ex rel. Martinez v. Walters (Appellate Division of the Supreme Court of New York 1984)
Young v. Board of Education of the Baldwin Union Free School District (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (68 AD2d 971), to which we add only that the power of the commissioner to revoke prescription forms under subdivision 5 of section 3338 of the Public Health Law extends to any person who fails to comply with article 33 whether that person be licensed pursuant to that article or a physician who is permitted to dispense controlled substances, because he is a licensed practitioner, without a separate article 33 license (see § 3302, subd 28; § 3331).

Concur; Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.