Reid v. Axelrod

Determination unanimously confirmed without costs and petition dismissed. Memorandum: In this CPLR article 78 proceeding, petitioner challenges respondent’s determination finding him guilty of patient abuse in violation of Public Health Law § 2803-d and 10 NYCRR part 81. Petitioner, an orderly employed at a nursing home, was accused of punching a 91-year-old patient. The only eyewitness accounts of the incident came from petitioner and a coemployee. In his statement to the investigator and his testimony at the hearing, petitioner maintained that the patient struck him with his cane and, to…