Goldberg v. Board of Regents

Appellate Division of the Supreme Court of New York

Goldberg v. Board of Regents

81 A.D.2d 981, 439 N.Y.S.2d 768, 1981 N.Y. App. Div. LEXIS 11723

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

DecidedMay 28, 1981

StatusPublished

This text of 81 A.D.2d 981 (Goldberg v. Board of Regents) 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

Goldberg v. Board of Regents, 81 A.D.2d 981, 439 N.Y.S.2d 768, 1981 N.Y. App. Div. LEXIS 11723 (N.Y. Ct. App. 1981).

Pincite

Opinion

— Proceeding initiated in this court, pursuant to subdivision 4 of section 6510 of the Education Law, to annul a determination of the Commissioner of Education fining petitioner $500, suspending his license to practice as a chiropractor [982]*982for one year with the last nine months of the suspension stayed, and placing him on probation for one year. Following a hearing, petitioner, a chiropractor, was found guilty of unprofessional conduct for using the title “physician” in a widely circulated advertising newspaper. In this proceeding, petitioner concedes his guilt of the charge and contends that the penalty imposed, which effectively suspends his license to practice as a chiropractor for three months, is excessive. We find, however, that the punishment is not “‘“so disproportionate to the offense, iñ light of all the circumstances, as to be shocking to one’s sense of fairness”. ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233), and we, therefore, must confirm the determination. Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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— Proceeding initiated in this court, pursuant to subdivision 4 of section 6510 of the Education Law, to annul a determination of the Commissioner of Education fining petitioner $500, suspending his license to practice as a chiropractor [982]*982for one year with the last nine months of the suspension stayed, and placing him on probation for one year. Following a hearing, petitioner, a chiropractor, was found guilty of unprofessional conduct for using the title “physician” in a widely circulated advertising newspaper. In this proceeding, petitioner concedes his guilt of the charge and contends that the penalty imposed, which effectively suspends his license to practice as a chiropractor for three months, is excessive. We find, however, that the punishment is not “‘“so disproportionate to the offense, iñ light of all the circumstances, as to be shocking to one’s sense of fairness”. ’ ” (Matter of Pell v Board of Educ., 34 NY2d 222, 233), and we, therefore, must confirm the determination. Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Sweeney, Kane, Casey and Weiss, JJ., concur.

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Bluebook (online)

81 A.D.2d 981, 439 N.Y.S.2d 768, 1981 N.Y. App. Div. LEXIS 11723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-board-of-regents-nyappdiv-1981.