Matter of Cohen v. N.Y. State Bd. of Pharmacy

Full title: In the Matter of ABRAHAM COHEN, Petitioner, v. NEW YORK STATE BOARD OF…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 30, 1966

27 A.D.2d 633 (N.Y. App. Div. 1966)

Opinion

December 30, 1966

AULISI, J.

In this article 78 proceeding, the petitioner, a supervising pharmacist of a pharmacy owned by nonpharmacists, seeks review of a determination of the State Board of Pharmacy that he was guilty of certain violations of article 137 of the Education Law (Pharmacy) and imposing a penalty of $100. Even without knowledge a supervising pharmacist fails in his responsibility by not properly performing the duties of his position as we held in Matter of Bernstein v. Allen ( 26 A.D.2d 727) and Matter of Cassell v. Allen ( 27 A.D.2d 597) which mandates confirmation. We find no reason to disturb the finding of the respondent. Determination confirmed, without costs. Gibson, P.J., Herlihy, Staley, Jr., and Brink, JJ., concur with Aulisi, J.