Michaelis v. Graziano

Lerner, J. (dissenting).

I respectfully dissent and would reverse the order and judgment of the IAS court.

It is well settled that an administrative agency is clothed only with those powers expressly conferred by its authorizing statute (see Matter of Shankman v Axelrod, 73 NY2d 203, 206 [1989]; Matter of Memorial Hosp. v Axelrod, 68 NY2d 958, 960 [1986]). In the instant matter, although the Director of the Office of Professional Medical Conduct (OPMC), which is the investigative branch of the State Department of Health, has the express authority to conduct a comprehensive medical review (CMR) *188p…