Jean-Louis v. Daines

In this CPLR article 78 proceeding, the petitioner, a certified nurse’s aide (hereinafter CNA), challenges the respondent’s determination sustaining two charges of patient neglect against her (see Public Health Law § 2803-d).

Substantial evidence in the record supports the respondent’s determination that the charges were substantiated by a fair preponderance of the evidence presented at the hearing (see Matter of Miller v DeBuono, 90 NY2d 783, 794 [1997]). The Department of Health (hereinafter DOH) presented evidence that the patient who the petitioner was charged with neglecting had reported…