Stevens v. Axelrod

Proceeding pursuant to CPLR article 78 to review a determination of the respondent Commissioner of the New York State Department of Health, dated July 31, 1989, which, after a hearing, denied the petitioner’s request to expunge from her record a report of patient abuse.

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

Essentially, the petitioner’s contention is that the testimony of the sole eyewitness to the alleged patient abuse is incredible. " '[WJhere there is a conflict in the testimony produced * * * where…