Shmelzer v. Ambach

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law, § 6510, subd 5) to review a determination of the Commissioner of Education which suspended petitioner’s license to practice dentistry. Petitioner was charged with the fraudulent practice of dentistry under subdivision (2) of section 6509 of the Education Law and unprofessional conduct under subdivision (9) of that section. Both charges were premised on allegations that petitioner requested and received payment of $320 from Group Health, Inc. (G.H.I.) for services not actually performed. A hearing panel…