Legal Opinion

Posada v. New York State Department of Health

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

Decided September 18, 2008Published

1Opinion of the CourtCarpinello, J.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered July 26, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as moot.

In February 2004, a decision by the Hearing Committee of the State Board for Professional Medical Conduct determined that petitioner, a surgeon, had committed acts of negligence on more than one occasion and sanctioned petitioner with a two-year suspension of his license to practice medicine. The sanction was stayed, and petitioner was instead placed on probation, with a practice monitor. For reasons more fully…

2Cases cited3 opinions

  1. Bethelite Community Church v. Department of Environmental ProtectionNew York Court of Appeals · 2007
  2. Karedes v. ColellaAppellate Division of the Supreme Court of the State of New York · 2003
  3. Posada v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2008

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