Burke v. Novello

Appellate Division of the Supreme Court of New York

Burke v. Novello

282 A.D.2d 394, 723 N.Y.S.2d 659, 2001 N.Y. App. Div. LEXIS 4142

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 2001

StatusPublished

This text of 282 A.D.2d 394 (Burke v. Novello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. Novello, 282 A.D.2d 394, 723 N.Y.S.2d 659, 2001 N.Y. App. Div. LEXIS 4142 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Determination of respondent State Department of Health, dated October 13, 1999, finding that petitioner nurse assistant abused, mistreated or neglected three nursing home residents, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered March 10, 2000), dismissed, without costs.

The determination, largely one of credibility, is supported by the evidence. We have considered and rejected petitioner’s argument that the Administrative Law Judge, whose findings were adopted by respondent, applied an incorrect substantial evidence, rather than the correct preponderance of the evidence, standard of proof. Concur — Williams, J. P., Tom, Wallach, Buckley and Friedman, JJ.

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—Determination of respondent State Department of Health, dated October 13, 1999, finding that petitioner nurse assistant abused, mistreated or neglected three nursing home residents, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Harold Tompkins, J.], entered March 10, 2000), dismissed, without costs.

The determination, largely one of credibility, is supported by the evidence. We have considered and rejected petitioner’s argument that the Administrative Law Judge, whose findings were adopted by respondent, applied an incorrect substantial evidence, rather than the correct preponderance of the evidence, standard of proof. Concur — Williams, J. P., Tom, Wallach, Buckley and Friedman, JJ.

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Bluebook (online)

282 A.D.2d 394, 723 N.Y.S.2d 659, 2001 N.Y. App. Div. LEXIS 4142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-novello-nyappdiv-2001.