Elstein v. State Division of Human Rights

Order and judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Petitioner, Dr. Daniel Elstein, an orthopedic surgeon in private practice, maintains an office in the City of Syracuse. Dr. Elstein treated a patient from April 1982 through 1986 for orthopedic problems, including costal chondritis and chronic cervical sprain. On August 16, 1986, the patient called to schedule an office visit and informed a member of Dr. Elstein’s staff that he had contracted AIDS. The patient was advised that Dr. Elstein would no longer treat him and that he should seek…