
    In the Matter of Frank P. Di Marsico, Appellant, v Robert P. Whalen, as Commissioner of Health of the State of New York, et al., Respondents.
    Argued February 5, 1980;
    decided March 18, 1980
    
      APPEARANCES OF COUNSEL
    
      Frank H. Penski for appellant.
    
      Robert Abrams, Attorney-General (Clifford A. Royael and Shirley Adelson Siegel of counsel), for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (68 AD2d 971), to which we add only that the power of the commissioner to revoke prescription forms under subdivision 5 of section 3338 of the Public Health Law extends to any person who fails to comply with article 33 whether that person be licensed pursuant to that article or a physician who is permitted to dispense controlled substances, because he is a licensed practitioner, without a separate article 33 license (see § 3302, subd 28; § 3331).

Concur; Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  