Matter of Friedel v. Board of Regents

73 N.E.2d 545, 296 N.Y. 347, 1947 N.Y. LEXIS 921
CourtNew York Court of Appeals
DecidedMay 22, 1947
StatusPublished
Cited by40 cases

This text of 73 N.E.2d 545 (Matter of Friedel v. Board of Regents) 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 Friedel v. Board of Regents, 73 N.E.2d 545, 296 N.Y. 347, 1947 N.Y. LEXIS 921 (N.Y. 1947).

Opinion

Desmond, J.

Petitioner, a physician, was, after a trial conducted under the procedures described in section 1265 of the Education Law, found guilty of two violations of subdivision 2 of section 1264 of that Law (undertaking or engaging to perform criminal abortions), and suspended from the practice of medicine for six months. The hearings in the matter were held, pursuant to statute, before a subcommittee of the Committee on Grievances, a body of physicians (see § 1265) and the suspension was by the respondent Board of Regents, which approved the report and findings of the committee. On appeal to the Appellate Division, Third Department, that court reversed the determination and remitted the matter to the Board of Regents. The Appellate Division’s Per Curiam opinion, and the concurring memorandum of one of the justices, : how that the reversal was because of alleged illegal restriction, by the subcommittee, of the cross-examination by petitioner’s counsel of the board’s paid investigators, who were the principal witnesses against petitioner. The Board of Regents appealed to this court, stipulating for order absolute in the event of affirmance, under subdivision 3 of section 588 of the Civil Practice Act. (See Matter of Fpstein v. Board, of Regents, 295 N. Y. 154, 157.)

No assertion is made here that the proof was inadequate to support the determination of guilt. The whole question is as to the legality of rulings made by the subcommittee, which rulings had the effect of preventing or restricting cross-examination of the investigators, in certain particulars. The Appellate Division opinions do not disclose just which ruling of the subcommittee that court considered erroneous. However, counsel in their briefs here list for us the objections to cross-examination which were sustained at the hearings, and we take it that the Appellate Division found material error in some of those rulings.

The curtailed cross-examinations were those in which petitioner attacked the evidence given by four women, part-time employees of the State Education Department, who testified *351 to two instances in which petitioner, according to the witnesses, agreed to perform illegal abortions. Their versions of the facts were, at the hearings before the subcommittee, strongly attacked by contrary proof and by extended and searching cross-examination. In the course of that cross-examination the chairman of the subcommittee sustained objections to questions which sought to elicit from one or the other of the investigator-witnesses answers to the following:

1. Whether the witnesses went to petitioner’s office and made the alleged arrangement with him in order to “ trap ” petitioner or to get him to “ commit himself with respect to an abortion ”? The witnesses had testified in great detail as to their employment by the State Education Department, their instructions from their superiors, the methods they used, and their purposes in approaching petitioner. Answers to the stricken questions would merely have put labels on conduct already sufficiently described, and so would have added nothing to the record.

2. Whether the witnesses knew that if they brought in such evidence there would be a likelihood of punishment to be meted out to the Doctor ”? We make the same comments as in No. 1 above.

3. What were the names of three physicians, not connected with this case, who had been investigated by one of the witnesses in 1943? The triers of the fact were well within their rights in preventing any such disclosure (see Great Western Turnpike Co. v. Loomis, 32 N. Y. 127; La Beau v. People, 34 N. Y. 223).

4. Who was the physician (not otherwise connected with the case) who furnished one of the investigators with a urine sample used by the investigator as part of the deception practised by her on petitioner? We think this effort to get the name of that other physician was properly thwarted by the subcommittee, for the reasons given in No. 3 above, and under the subcommittee’s discretionary power to limit cross-examination, to which power we shall refer below.

5. Whether one of the witnesses had been engaged to be married to her present husband before her divorce from her former husband, and as to whether the husband of another witness knew that she permitted the physicians under investigation *352 to make examinations of her person? The first question was properly stricken under the rule of the La Beau case {supra) as being cross-examination on matters degrading to the witness. We think both questions were attempted incursions into the marital relations of the witnesses, matters surely not so material to the transactions under investigation as to make it error of law to exclude the questions.

We think there was no error of law in any of the above-listed rulings of the subcommittee. Therefore, there could be no reversal by the Appellate Division, which, under the oft-repeated rule, may annul such an administrative determination for errors of law only (Matter of Epstein v. Board of Regents, supra; Matter of Miller v. Kling, 291 N. Y. 65, 69). The disputed rulings by this subcommittee were all within that body’s discretion, and the Appellate Division may not overrule the exercise of such administrative discretion (Matter of Grade Crossings [N. Y. C. R. R. Co.], 255 N. Y. 320). We do not mean to hold (and did not hold in Matter of Epstein v. Board of Regents, supra) that the right to cross-examine is less when the hearing is before such a board than when it is before a court (see Matter of Greenebaum v. Bingham, 201 N. Y. 343, 347). Cross-examination of adverse witnesses is a matter of right in every trial of a disputed issue of fact (Alford v. United States, 282 U. S. 691). That right has always been enforced by this court, and by its predecessors, from earliest times (Greene v. Willis, 1 Wend. 78; Kissam v. Forrest, 25 Wend. 651). That right, of course, can be exercised before administrative fact-finding tribunals, and denial thereof by such a tribunal is error of law (People ex rel. Mayor v. Nichols, 79 N. Y. 582, 588; Matter of Greenebaum v. Bingham, supra; Matter of Pachwood v. Riley, 232 N. Y. 283; Int. Commerce Comm. v. Louisville, 227 U. S. 88). But once the right has been accorded, the extent of cross-examination rests largely in the discretion of the tribunal, whose exercise thereof is not reviewable unless abused (White v. McLean, 57 N. Y. 670, 671; Rehberg v. Mayor of City of N. Y., 91 N. Y. 137; McGuire v. People, 48 How. Prac. 517; Langley v. Wadsworth, 99 N. Y. 61, 63; People v. Braun, 158 N. Y. 558, 569).

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

Related

Matter of Monaghan v. Schroeder
2025 NY Slip Op 06959 (New York Court of Appeals, 2025)
244W74 Owners LLC v. Haruvi
2025 NY Slip Op 50058(U) (NYC Civil Court, New York, 2025)
Kegg v. Truck-Rite Distrib. Sys. Corp.
2024 NY Slip Op 24178 (New York Supreme Court, Kings County, 2024)
Hildreth v. New York State Department of Motor Vehicles Appeals Board
83 A.D.3d 838 (Appellate Division of the Supreme Court of New York, 2011)
192 Broadway Jewelers, Inc. v. Metropolitan Transportation Authority
81 A.D.3d 434 (Appellate Division of the Supreme Court of New York, 2011)
Salm v. Moses
918 N.E.2d 897 (New York Court of Appeals, 2009)
M.S. v. County of Orange
64 A.D.3d 560 (Appellate Division of the Supreme Court of New York, 2009)
Kosich v. New York State Department of Health
49 A.D.3d 980 (Appellate Division of the Supreme Court of New York, 2008)
Barnes v. City of New York
44 A.D.3d 39 (Appellate Division of the Supreme Court of New York, 2007)
Yoonessi v. State Board for Professional Medical Conduct
2 A.D.3d 1070 (Appellate Division of the Supreme Court of New York, 2003)
Johnson v. Johnson
277 A.D.2d 923 (Appellate Division of the Supreme Court of New York, 2000)
Musumeci v. Musumeci
267 A.D.2d 365 (Appellate Division of the Supreme Court of New York, 1999)
Graves v. American Express
175 Misc. 2d 285 (Appellate Terms of the Supreme Court of New York, 1997)
Hill v. Arnold
226 A.D.2d 232 (Appellate Division of the Supreme Court of New York, 1996)
Gordon v. Brown
644 N.E.2d 1305 (New York Court of Appeals, 1994)
In re G./A. Children
161 Misc. 2d 64 (NYC Family Court, 1994)
McBarnette v. Sobol
190 A.D.2d 229 (Appellate Division of the Supreme Court of New York, 1993)
People v. Hill
161 A.D.2d 506 (Appellate Division of the Supreme Court of New York, 1990)
People v. Russo
149 A.D.2d 255 (Appellate Division of the Supreme Court of New York, 1989)
People v. Blackwell
128 Misc. 2d 599 (New York Supreme Court, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
73 N.E.2d 545, 296 N.Y. 347, 1947 N.Y. LEXIS 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-friedel-v-board-of-regents-ny-1947.