Hessein v. New York State Department of Health

Appeal from a judgment of the Supreme Court (Mc-Donough, J.), entered July 18, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, review a determination of respondent Commissioner of Health which temporarily suspended petitioner from the practice of medicine in New York.

Petitioner is a board-certified anesthesiologist who operated a pain management practice with offices in New York and New Jersey. In August 2011, petitioner was indicted in New Jersey on 74 counts alleging health care claims fraud and conspiracy…