Legal Opinion
Capote v. Our Lady of Mercy Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1990PublishedCited by 6 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Lewis R. Friedman, J.), entered May 4, 1990, which dismissed the petition for failure to exhaust administrative remedies, unanimously affirmed, without costs.
In November 1988, petitioner was suspended from the medical staff of the respondent medical center. He claimed in a CPLR article 78 petition that the medical center failed to notify him of the specific charges against him, and failed to provide him a due process hearing. The statutory procedure by which a physician may challenge a termination of hospital privileges is a two-step process, the…
2Cases cited1 opinion
- Cohoes Memorial Hospital v. Department of HealthNew York Court of Appeals · 1979
3Cited by6 opinions
- Gelbard v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1995
- Shapiro v. Central General Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Rose v. TaddonioDistrict Court, S.D. New York · 1996
- Lakeside Manor Home for Adults, Inc. v. NoveleoAppellate Division of the Supreme Court of the State of New York · 2005
- Meyer v. Forest Hills HospitalAppellate Division of the Supreme Court of the State of New York · 2013
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