Home/New York Court of Appeals/MATTER OF FALCONE v. New York State Educ. Dep't

MATTER OF FALCONE v. New York State Educ. Dep't

407 N.E.2d 1335, 50 N.Y.2d 854, 430 N.Y.S.2d 39, 1980 N.Y. LEXIS 2424
CourtNew York Court of Appeals
DecidedJune 3, 1980
StatusPublished
Cited by5 cases

This text of 407 N.E.2d 1335 (MATTER OF FALCONE v. New York State Educ. Dep't) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MATTER OF FALCONE v. New York State Educ. Dep't, 407 N.E.2d 1335, 50 N.Y.2d 854, 430 N.Y.S.2d 39, 1980 N.Y. LEXIS 2424 (N.Y. 1980).

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, *856 with costs, and the determination of the Board of Regents and the order of the Commissioner of Education reinstated.

Petitioner, a licensed optometrist, allowed an ophthalmic dispenser to fit contact lenses under his supervision in violation of section 7121 of the Education Law. As a result, petitioner was found guilty of two charges of professional misconduct, to wit: (1) permitting, aiding or abetting an unlicensed person to perform activities requiring a license (Education Law, § 6509, subd [7]); and (2) unprofessional conduct (Education Law, § 6509, subd [9]).

In light of the finding that petitioner carried on his practice of optometry in clear contravention of existing law, we cannot say that the penalty imposed by the Board of Regents — a 6-month period of actual suspension followed by an 18-month period of probation — is so disproportionate to petitioner’s offense as to mandate modification. (Schaubman v Blum, 49 NY2d 375; Matter of Pell v Board of Educ., 34 NY2d 222.)

Accordingly, the Appellate Division erred in modifying the penalty imposed.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Judgment reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Abraham v. Board of Regents
216 A.D.2d 812 (Appellate Division of the Supreme Court of New York, 1995)
Magro v. Ambach
122 A.D.2d 321 (Appellate Division of the Supreme Court of New York, 1986)
Ledo v. University of the State of New York, State Education Department
103 A.D.2d 868 (Appellate Division of the Supreme Court of New York, 1984)
Friedman v. State Education Department
97 A.D.2d 657 (Appellate Division of the Supreme Court of New York, 1983)
Robinson v. Board of Regents of the University
79 A.D.2d 1067 (Appellate Division of the Supreme Court of New York, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
407 N.E.2d 1335, 50 N.Y.2d 854, 430 N.Y.S.2d 39, 1980 N.Y. LEXIS 2424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-falcone-v-new-york-state-educ-dept-ny-1980.