Ross v. Commissioner of Education

Proceeding pursuant to CPLR article 78 (initiated in this court pursuant to Education Law § 6510-a [4]) to review a determination of respondent which, inter alia, found petitioner guilty of professional misconduct in the practice of medicine.

Petitioner is a physician licensed to practice in this State. He was charged with a single specification of professional misconduct alleging that he prepared the wrong leg of a patient on which an operation was performed. Petitioner acknowledged that he knew the left leg was to be operated on and prepped the right leg. The sole issue presented is whether…