Pomerantz v. New York State Department of Social Services

" 'What constitutes unprofessional conduct * * * must be determined by those standards which are commonly accepted by those practicing the same profession in the same territory’ ” (Matter of Bell v Board of Regents, 295 NY 101, 110, quoting Matter of Cherry v Board of Regents, 289 NY 148, 158). It has long been recognized "that there is one course of conduct which in each and every profession is known as a matter of common knowledge to be improper and unprofessional ”, namely, fee splitting with a layperson (supra, at 111; see also, Matter of Okereke v State of New York, 129 AD2d 373, lv…