Davis v. New York State Department of Education

Appeal from a judgment of the Supreme Court (Teresi, J.), entered January 20, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner filed a complaint with respondent New York State Department of Education alleging that a physical therapist from whom he had received treatment engaged in professional misconduct — specifically, inappropriate touching. The matter was referred to respondent Office of Professional Discipline (hereinafter OPD) which, following an investigation, concluded that there was insufficient…