Kirk v. State Board

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Public Health Law § 230-c [5]) to compel respondent to allow petitioner to withdraw his consent to a consent agreement and order entered into by the parties.

Petitioner, a registered physician’s assistant since 2002, was charged with various instances of professional misconduct by the Bureau of Professional Medical Conduct. In September 2007, petitioner signed and consented to the entry of an agreement and order which constituted a final disposition of all charges pending against him. Almost immediately thereafter,…