Thomas v. DeBuono

—Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated March 23, 1995, which, after a hearing, sustained the charges that the petitioner had committed patient abuse and imposed a penalty.

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner’s contention, the determination of the Commissioner of the New York State Department of Health (hereinafter the Commissioner) should not be annulled because it was based…