31 A.D.2d 983 | N.Y. App. Div. | 1969
Proceeding under article 78 of the CPLR and subdivision 5 of section 6515 of the Education Law to review and annul an order of the Commissioner of Education which suspended petitioner’s license to practice medicine for a period of six months. Petitioner was charged with fraud or deceit in the practice of medicine within the purview and meaning of paragraph (a) of subdivision 2 of section 6514 of the Education Law, in that he submitted false and fraudulent claim forms and reports to the United Medical Service with respect to medical services purportedly rendered to four patients for the purpose of collecting payment for services not actually rendered. He was further charged with unprofessional conduct in the practice of medicine within the purview and meaning of paragraph (g) of subdivision 2 of section 6514 of the Education Law for the same acts as specified in the first charge. Hearings were held before a subcommittee of the Committee on Medical Grievances on various dates between October 13, 1966 and November 14, 1967. The medical report forms signed by the petitioner for the four patients involved were introduced in evidence in which petitioner represented that he had performed office surgery on various dates. The four patients testified that with one exception the claimed surgery had not been performed, although they had been treated by petitioner for other ailments. Petitioner testified that he had signed and submitted the claim forms, and conceded that the patients’ testimony was correct and that he had not performed the surgery claimed. His explanation was that it was the result of clerical mistake and negligence. The subcommittee found that petitioner’s explanation was unworthy of belief and rejected it, and recommended suspension of his license for one year. The Committee on Grievances and the Regents Committee on Discipline confirmed the findings of the subcommittee. “ The board was not bound to accept petitioner’s excuses or explanation of his acts. The acts themselves permit an inference of guilty knowledge and intent as a factual determination, and substantial evidence supports the findings. (Matter of Wasserman v. Board of Regents, 13 A D 2d 591, affd. 11 N Y 2d 173, appeal dismissed 371 U. S. 23 [Oct. 15, 1962].) ” (Matter of Burns v. Board of Regents, 17 A D 2d 1011, mot. for lv. to app. withdrawn 13 N Y 2d 594.) (See, also, Matter of Glashow v. Allen, 27 A D 2d 625, 626, mot. for lv. to app. den. 19 N Y 2d 581, “When the evidence before an administrative board is conflicting, and presents a clear-cut issue as to the veracity of the opposing