In the Matter of John Doe v. David Axelrod, as Commissioner of Health of the State of New York

Summary

The New York Court of Appeals reversed the Appellate Division and dismissed the petition for a writ of prohibition, holding that the Commissioner of Health had authority to reverse the Administrative Officer’s evidentiary rulings and that prohibition is unavailable for a mere evidentiary error; the petitioner must seek relief through an article 78 proceeding. Justice Simons, in a concurring opinion, agreed with the result but would dismiss the case without addressing the merits.