Brinson v. Axelrod

Determination unanimously confirmed and petition dismissed, without costs. Memorandum: The record contains substantial evidence in support of the determination that petitioner, a nurse’s aide, abused an el*1011derly patient under her care by causing injuries to the patient’s face and left hand (see, Public Health Law § 2803-d; 10 NYCRR 81.1 [a]; 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 NY2d 176). Hearsay evidence was admissible and properly considered at the hearing (see, People ex rel. Vega v Smith, 66 NY2d 130; Public Health Law § 2803-d [3]; 10 NYCRR 81.4 [c]), as was the…