102 A.D.2d 979 | N.Y. App. Div. | 1984
— Appeal from an order and judgment of the Supreme Court at Special Term (Bradley, J.), entered September 29, 1983 in Albany County, which (1) dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the State Education Department denying petitioner a license to practice medicine in New York State, and (2) granted, on the merits, the State Education Department’s motion to dismiss the complaint. 11 Petitioner, holder of a doctorate in philosophy with a major in physics from Yeshiva University, subsequently graduated in 1976 from a 24-month accelerated program of medical education at a medical school in Juarez, Mexico. He then entered postgraduate training as an intern or resident at four New York City hospitals, and after passing a qualification examination for foreign medical graduates (the E.C.F.M.G. examination) and the medical licensing examination (F.L.E.X. examination), was licensed by the States of Maryland and New Jersey. His application for licensure in New York State was denied by the State Board of Regents on January 19,1982.11 By CPLR article 78 proceeding commenced on May 17, 1982, petitioner alleged that the denial was without valid reason and arbitrary and capricious. Petitioner also alleged that the lack of a hearing on his administrative appeal was a denial of due process and that the State Education Department unconstitutionally discriminated against the Mexican medical school. Petitioner simultaneously commenced an action seeking a judgment declaring the Department guilty of unlawful discrimination, directing the Department to cease and desist use of the Liaison Committee of Medical Education (L.C.M.E.) to accredit medical schools, and finding the use of the L.C.M.E. to be an unconstitutional delegation of the Department’s authority. Special Term consolidated the Department’s objections in point of law to the petition with its motion to dismiss the complaint and, in a single order and judgment, dismissed both the petition and complaint on the
8 NYCRR 60.1 (a) was amended July 1, 1983 and further amended in December, 1983.