Arnett v. New York State Department of Health

Jan 7, 2010
Versions:69 A.D.3d 1001
893 N.Y.S.2d 334
893 N.Y.2d 334

Spain, J.

Petitioner, an ophthalmologist licensed to practice medicine in New York since 1978, was charged in 2006 with 33 specifications of professional misconduct in violation of Education Law § 6530, including fraudulent practice, false reporting, failure to maintain records, incompetence on more than one occasion, unwarranted treatment and moral unfitness to practice medicine (see Education Law § 6530 [2], [5], [20], [21], [32], [35]). The charges related to his treatment in 2004 of four patients (hеreinafter patients A through D), as well as knowing and false representations—that he had performed surgeries which he knew he had not performed—in the operative reports of 57 additiоnal patients. Following a hearing at which testimony was given by patients A through D, five medical experts and petitioner, a Hearing Committee of respondent State Board for Professionаl Medical Conduct sustained 24 of the 33 charges in their entirety and sustained six others in part, and revoked petitioner‘s license to practice medicine in this state.1 On administrative cross appeals, the Administrative Review Board for Professional Medical Conduct (hereinafter ARB) modified by overturning the Hearing Committee‘s determination to the extent that it had sustained—as alternative findings—five factual allegations regarding patients A, B and C. Additionally, the ARB dismissed two specifications of misconduct that had been withdrawn at the ‍‌​​‌‌‌​​‌‌‌‌‌‌‌​​‌​​​‌​‌‌​​‌‌‌‌​​​​‌‌​‌​​​‌‌​‌‌​‍hearing but were mistakenly sustained by the Hearing Committee. The ARB rejected petitioner‘s remaining claims and, concluding that thе evidence that the Hearing Committee found to be reliable supported the remainder of the charges sustained by the Hearing Committee, the ARB sustained those remaining charges and affirmеd the penalty of license revocation. Petitioner commenced this CPLR article 78 proceeding in this Court seeking review of the ARB‘s determination.