John P. v. Axelrod , 96 A.D.2d 761 ( 1983 )

— Motion to dismiss appeal denied; motion to stay hearing denied; motion granted and automatic stay vacated. Memorandum: On the papers submitted, the temporary suspension entered by the commissioner is overbroad and exceeds the authority granted him under the statute. (See Public Health Law, § 230, subd 12.) Present — Dillon, P. J., Hancock, Jr., Denman, Doerr and Boomer, JJ.