Legal Opinion · Concurrence

Tompkins v. Board of Regents

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

Decided November 10, 1948Published

1ConcurrenceDeyo, J.

The respondent bases its entire case on the premise that ‘ ‘ fraud or deceit in the practice of medicine ” found in paragraph (a) of subdivision 2 of section 6514 of the Education Law has the same breadth of meaning as “ unprofessional conduct,” listed as a ground for discipline in other professions. I find no authority for ascribing such an all inclusive meaning to the phrase, at least insofar as it applies to the facts of the instant case. Fraud or deceit under the Education Law contains the same elements and must be established by the same rules as under any other statute. (Matter of…

2Cases cited2 opinions

  1. Cowles v. Board of Regents of the UniversityAppellate Division of the Supreme Court of the State of New York · 1943
  2. Matter of Cowles v. Bd. of Regents of Univ. of StateNew York Court of Appeals · 1944

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