Pozarny v. State

— Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to subdivision 5 of section 6510 of the Education Law) to review a determination of the respondent Commissioner of Education which suspended petitioner’s license as a physical therapist for one year, but stayed execution of the last 10 months of that suspension and placed petitioner on probation for the 10-month period. Petitioner’s sole contention in this proceeding is that the penalty imposed by respondent commissioner is arbitrary and capricious, and constitutes an abuse of discretion. We disagree. The misconduct…