Walia v. Axelrod

OPINION OF THE COURT

Thomas P. Flaherty, J.

The petitioners herein have initiated article CPLR 78 proceedings in an effort to enjoin the respondents from conducting a hearing concerning patient neglect pursuant to section 2803-d of the Public Health Law and to further expunge from the records of the State Health Department *105any findings of neglect made against them. These proceedings have been consolidated by stipulation.

While a patient at the Downtown Nursing Home, Inc. (Downtown), Josephine Polowniak, a 91-year-old woman, sustained serious burns while undergoing heat lamp treatment…