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MATTER OF HUDSON HEALTH EXTRACTS, LLC v. ZUCKER

533357.

206 A.D.3d 1515 (2022)

170 N.Y.S.3d 703

2022 NY Slip Op 04207

In the Matter of Hudson Health Extracts, LLC, Petitioner, v. Howard A. Zucker, as Commissioner of Health, et al., Respondents.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

Feuerstein Kulick LLP, New York City (David Feuerstein of counsel), for petitioner.

Letitia James, Attorney General, Albany (Owen Demuth of counsel), for respondents.

Garry, P.J., Egan Jr., Reynolds Fitzgerald and McShan, JJ., concur.

In 2014, the Legislature passed the Compassionate Care Act regulating the "manufacture, sale and use of medical marihuana" in New York (Assembly Mem in Support, Bill Jacket, L 2014, ch 90 at 15; see Public Health Law art 33, title V-A). The act authorized respondent Commissioner of Health (hereinafter the Commissioner) to register...

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