Stadtmiller v. New York State Society of Physician Assistants

Appellate Division of the Supreme Court of New York

Stadtmiller v. New York State Society of Physician Assistants

294 A.D.2d 228, 741 N.Y.S.2d 861, 2002 N.Y. App. Div. LEXIS 5324

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

DecidedMay 21, 2002

StatusPublished

This text of 294 A.D.2d 228 (Stadtmiller v. New York State Society of Physician Assistants) 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.

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Stadtmiller v. New York State Society of Physician Assistants, 294 A.D.2d 228, 741 N.Y.S.2d 861, 2002 N.Y. App. Div. LEXIS 5324 (N.Y. Ct. App. 2002).

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Opinion

—Order, Supreme Court, New York County (William Wetzel, J.), entered on or about February 1, 2001, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determinations removing her from respondent’s board of directors and suspending her membership for a period of five years, unanimously affirmed, without costs.

The proceedings resulting in the challenged determinations were conducted in accordance with respondent’s constitution and bylaws and petitioner was afforded fair notice of the nontrivial charges against her and an opportunity to be heard. This being the case, we perceive no basis upon which the determinations at issue might be judicially disturbed (see, Caposella v Pinto, 265 AD2d 362, 363). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Wallach and Gonzalez, JJ.

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—Order, Supreme Court, New York County (William Wetzel, J.), entered on or about February 1, 2001, which denied petitioner’s application pursuant to CPLR article 78 to annul respondent’s determinations removing her from respondent’s board of directors and suspending her membership for a period of five years, unanimously affirmed, without costs.

The proceedings resulting in the challenged determinations were conducted in accordance with respondent’s constitution and bylaws and petitioner was afforded fair notice of the nontrivial charges against her and an opportunity to be heard. This being the case, we perceive no basis upon which the determinations at issue might be judicially disturbed (see, Caposella v Pinto, 265 AD2d 362, 363). Concur—Mazzarelli, J.P., Sullivan, Ellerin, Wallach and Gonzalez, JJ.

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294 A.D.2d 228, 741 N.Y.S.2d 861, 2002 N.Y. App. Div. LEXIS 5324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stadtmiller-v-new-york-state-society-of-physician-assistants-nyappdiv-2002.

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