Saunders v. State Board for Professional Medical Conduct

Appellate Division of the Supreme Court of New York

Saunders v. State Board for Professional Medical Conduct

253 A.D.2d 569, 678 N.Y.S.2d 912, 1998 N.Y. App. Div. LEXIS 9011

Appellate Division of the Supreme Court of the State of New York·Decided August 18, 1998·Published·Cited by 2 cases

Opinion

Motion for stay pending review proceeding.

Cross motion to dismiss petition.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is ordered that the motion is denied, without costs, and it is further, ordered that the cross motion is granted, without costs. A proceeding pursuant to CPLR article 78 may be commenced in this Court to seek review of “[a]n order of the administrative review board for professional medical conduct or a determination of a committee in which no review by the administrative review board was requested” (Public Health Law § 230-c [5]). By this proceeding, petitioner seeks to have this Court annul a Hearing Committee determination with respect to which the Bureau of Professional Medical Conduct has sought review by the Administrative Review Board. Accordingly, this proceeding must be dismissed.

Cardona, P. J., White, Spain, Carpinello and Graffeo, JJ., concur.

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Motion for stay pending review proceeding.

Cross motion to dismiss petition.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is ordered that the motion is denied, without costs, and it is further, ordered that the cross motion is granted, without costs. A proceeding pursuant to CPLR article 78 may be commenced in this Court to seek review of “[a]n order of the administrative review board for professional medical conduct or a determination of a committee in which no review by the administrative review board was requested” (Public Health Law § 230-c [5]). By this proceeding, petitioner seeks to have this Court annul a Hearing Committee determination with respect to which the Bureau of Professional Medical Conduct has sought review by the Administrative Review Board. Accordingly, this proceeding must be dismissed.

Cardona, P. J., White, Spain, Carpinello and Graffeo, JJ., concur.

Saunders v. State Board for Professional Medical Conduct, 253 A.D.2d 569, 678 N.Y.S.2d 912, 1998 N.Y. App. Div. LEXIS 9011 (N.Y. Ct. App. 1998).

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253 A.D.2d 569 (Saunders v. State Board for Professional Medical Conduct) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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