Legal Opinion

Smith v. New York State Department of Health

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

Decided October 22, 2009PublishedCited by 5 opinions

1Opinion of the CourtSpain, J.

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Public Health Law § 230-c [5]) to review a determination of the Administrative Review Board for Professional Medical Conduct which revoked petitioner’s license to practice medicine in New York.

The Bureau of Professional Medical Conduct (hereinafter BPMC) charged petitioner, a physician practicing in New York City who specialized in plastic surgery, with six specifications of professional misconduct based upon allegations of inappropriate conduct while examining two female patients, patients A and B. With respect to…

2Cases cited7 opinions

  1. People v. ElyNew York Court of Appeals · 1986
  2. People v. McGeeNew York Court of Appeals · 1979
  3. Gordon v. BrownNew York Court of Appeals · 1994
  4. Kosich v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2008
  5. Conteh v. DainesAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by5 opinions

  1. D'Souza v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2009
  2. Rigle v. DainesAppellate Division of the Supreme Court of the State of New York · 2010
  3. Anghel v. DainesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Estafanous v. New York City Envtl. Control Bd.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Shapiro v. Administrative Review Board of the State Board for Professional Medical ConductAppellate Division of the Supreme Court of the State of New York · 2010

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