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This entry was published on 2014-09-22
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Judicial review
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 7
§ 3394. Judicial review. 1. All orders or determinations hereunder
shall be subject to judicial review as provided in article seventy-eight
of the civil practice law and rules. In any such proceeding findings of
fact made by the commissioner, if supported by substantial evidence,
shall be conclusive.

2. Application for such review must be made within sixty days after
service of the order or determination upon the person whose license,
certificate, right or privilege is affected thereby or upon the attorney
of record for such person.

3. An order, or the enforcement of an order revoking or suspending a
license or revoking or cancelling official forms issued by the
department, if accompanied by a finding of a clear and imminent danger
to the public health or safety, may not be temporarily stayed or
restrained prior to a determination on the merits of the application for
judicial review.