Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Commissioner of Health which found that petitioner had violated certain provisions of article 33 of the Public Health Law and the regulations promulgated thereunder, imposed a $7,500 penalty and suspended petitioner’s right to use official New York State prescription forms. 11 Petitioner, a medical doctor practicing in the City of Albany, was charged with violating various provisions of article 33 of the Public Health Law (all statutory references are to the Public Health Law) and the regulations promulgated pursuant thereto. After a hearing, the administrative law judge found various violations of the Public Health Law and regulations as charged and recommended that petitioner be assessed a civil penalty of $7,500, of which $2,500 would be held in abeyance and payable if petitioner was again found in violation of any of the laws of which he was charged as violating, and that petitioner’s Drug Enforcement Agency registration number and right to use official New York State prescription forms be suspended for one year. Respondent Commissioner of Health adopted the administrative law judge’s report as modified by imposing a $7,500 fine without an amount held in abeyance and by suspending only petitioner’s right to use official New York State prescription forms for one year. Petitioner thereafter commenced this proceeding, which was transferred to this court, to challenge respondents’ determination. 11 We conclude that respondents’ determination is supported by substantial evidence and has a rational basis and, therefore, must be confirmed (see § 3394, subd 1; Matter of S. & J. Pharmacies v Axelrod, 91 AD2d 1131, 1132). Petitioner first claims that respondents failed to demonstrate a violation of subdivision 1 of section 3331 because there was no proof that the individuals to whom the prescriptions were issued were addicts or habitual users, as defined in subdivisions 1 and 17 of section 3302. To the contrary, with regard to the second charge, there was sufficient evidence introduced to enable respondents to conclude that the individual to whom these prescriptions were issued was at least a habitual user (§ 3302, subd 17), considering the excessive amount of controlled substances prescribed by petitioner and apparently used by the individual. H With regard to charges 3,7, 8, 9 and 10, we disagree with petitioner’s contention that because the investigator who posed as a patient was not in reality an addict or habitual user, these charges were unsubstantiated. Testimony in the record reveals that petitioner believed that the investigator enjoyed drugs and might be addicted and, thus, that the investigator was at least a habitual user. We are of the view that this is sufficient proof in an administrative proceeding charging violations of subdivision 1 of section 3331. To adopt petitioner’s position would require the authorities to send a true addict or habitual user into a doctor’s office during an investigation of the doctor’s prescribing practices under subdivision 1 of section 3331. The Legislature clearly did not intend such an irrational result and proof that the doctor considered the patient to be an addict or a habitual user will suffice in administrative proceedings charging violations of this statute. There being
*.
The alleged violations of 10 NYCRR 80.65 and 80.69 are for the same conduct as relates to the alleged violations of subdivisions 1 and 2 of section 3331 and subdivision 1 of section 3335. Because these regulations impose the same standards as are established by these statutes, the same analysis applies to the regulations as to the statutes and need not be discussed separately.