Legal Opinion

In re Libby

Appellate Division of the Supreme Court of the State of New York

Decided July 9, 1990PublishedCited by 8 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to prohibit the respondent hospital from terminating the petitioner’s admitting privileges, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Lockman, J.), dated August 5, 1988, which dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The petitioner sought to prohibit the respondent hospital from terminating his admitting, privileges. However, he has failed to exhaust the administrative remedies afforded to him. Public Health Law § 2801-b was enacted to mitigate the harsh results of the common-law…

2Cases cited5 opinions

  1. Fritz v. Huntington HospitalNew York Court of Appeals · 1976
  2. Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.New York Court of Appeals · 1978
  3. Chalasani v. NeumanNew York Court of Appeals · 1985
  4. Murphy v. St. Agnes HospitalAppellate Division of the Supreme Court of the State of New York · 1985
  5. Chalasani v. NeumanAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by8 opinions

  1. Saha v. RecordAppellate Division of the Supreme Court of the State of New York · 1991
  2. Gelbard v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1995
  3. Mahmud v. BON SECOURS CHARITY HEALTH SYSTEMDistrict Court, S.D. New York · 2003
  4. Wasserman v. Maimonides Medical CenterAppellate Division of the Supreme Court of the State of New York · 2000
  5. Shapiro v. Central General Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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