Sunnen v. New York State Department of Health

Appellate Division of the Supreme Court of New York

Sunnen v. New York State Department of Health

15 A.D.3d 289, 789 N.Y.S.2d 427, 2005 N.Y. App. Div. LEXIS 1696

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

DecidedFebruary 17, 2005

StatusPublished

This text of 15 A.D.3d 289 (Sunnen v. New York State Department of Health) 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

Sunnen v. New York State Department of Health, 15 A.D.3d 289, 789 N.Y.S.2d 427, 2005 N.Y. App. Div. LEXIS 1696 (N.Y. Ct. App. 2005).

Pincite

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 2, 2004, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

[290]*290Plaintiffs license to practice psychiatry was revoked in 1996 for engaging in sexual relations with two of his patients, improperly prescribing medication for them, and consuming alcohol with one of them. Plaintiff brought a CPLR article 78 proceeding in the Appellate Division, Third Department, which has exclusive jurisdiction to review determinations of the Administrative Review Board for Professional Medical Conduct (Public Health Law § 230-c [5]; Horne v New York State Dept. of Health, 287 AD2d 940 [2001]). That Court confirmed the administrative determination, rejecting plaintiff’s challenge based on an unsubstantiated allegation of personal bias on the part of one member of the Board’s Hearing Committee (Matter of Sunnen v Administrative Review Bd. for Professional Med. Conduct, 244 AD2d 790 [1997], lv denied 92 NY2d 802 [1998]).

Five years later, plaintiff now seeks vacatur of the revocation and a de novo hearing on the ground that the Administrative Law Judge who presided over his disciplinary hearing should have recused himself because he lived in the same apartment building as one of the complaining witnesses. In these circumstances, this action was properly dismissed for lack of subject matter jurisdiction. Concur — Tom, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

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

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 2, 2004, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, with costs.

[290]*290Plaintiffs license to practice psychiatry was revoked in 1996 for engaging in sexual relations with two of his patients, improperly prescribing medication for them, and consuming alcohol with one of them. Plaintiff brought a CPLR article 78 proceeding in the Appellate Division, Third Department, which has exclusive jurisdiction to review determinations of the Administrative Review Board for Professional Medical Conduct (Public Health Law § 230-c [5]; Horne v New York State Dept. of Health, 287 AD2d 940 [2001]). That Court confirmed the administrative determination, rejecting plaintiff’s challenge based on an unsubstantiated allegation of personal bias on the part of one member of the Board’s Hearing Committee (Matter of Sunnen v Administrative Review Bd. for Professional Med. Conduct, 244 AD2d 790 [1997], lv denied 92 NY2d 802 [1998]).

Five years later, plaintiff now seeks vacatur of the revocation and a de novo hearing on the ground that the Administrative Law Judge who presided over his disciplinary hearing should have recused himself because he lived in the same apartment building as one of the complaining witnesses. In these circumstances, this action was properly dismissed for lack of subject matter jurisdiction. Concur — Tom, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.3d 289, 789 N.Y.S.2d 427, 2005 N.Y. App. Div. LEXIS 1696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunnen-v-new-york-state-department-of-health-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack