Goldberg v. Bureau of Professional & Occupational Affairs, State Board of Dentistry

DISSENTING OPINION BY

Judge LEAVITT.

Steven B. Goldberg, D.M.D., did not obtain a fictitious name permit for American Dental Solutions, P.C., for a simple reason: “American Dental Solutions” is the proper name, not a fictitious name, of the professional corporation Dr. Goldberg owns. Indeed, by sanctioning Dr. Goldberg for failing to obtain a fictitious name permit for “American Dental Solutions, P.C.,” the State Board of Dentistry (Board) has required him to violate the Fictitious Names Act. Respectfully, I must dissent from the majority’s decision to affirm the Board.

In holding that Dr.…