N.Y. Public Health Law 3394 – Judicial review
§ 3394. Judicial review. 1. All orders or determinations hereunder shall be subject to judicial review as provided in Article 78 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.
Terms Used In N.Y. Public Health Law 3394
- Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
- Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- License: means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. See N.Y. Public Health Law 3302
- Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
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.