Wildman v. Axelrod

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: In this CPLR article 78 proceeding petitioner, formerly a nurse at St. Camillus Nursing Home, seeks to enjoin respondents from conducting further hearings on charges that she was guilty of patient abuse. Special Term has granted this relief holding that respondents failed to afford petitioner an opportunity for a hearing “within [a] reasonable time” (State Administrative Procedure Act, § 301, subd 1).

Special Term’s determination effectively depriving the Commissioner of jurisdiction to proceed is improper; even…