Wildman v. Axelrod

OPINION OF THE COURT

Thomas Aloi, J.

Petitioner brings this CPLR article 78 proceeding in the nature of prohibition to enjoin respondents from continuing with a hearing before the Office of Professional Discipline, pertaining to petitioner’s conduct as a licensed practical nurse, on the ground that the delay of four years and 10 months in commencing the hearing violates subdivision 1 of section 301 of the State Administrative Procedure Act and also violates petitioner’s Federal and State constitutional right to due process. Respondents move to dismiss the petition on the ground that the…