Opinion
April 4, 1988
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was employed by the defendant from December 1978 through June 30, 1984, as an orthopedic surgeon. As a full-time employee, the plaintiff was initially prohibited from engaging in the private practice of medicine and from receiving income from such practice. Thereafter, on August 21, 1980, he was permitted to augment his full-time salary with private practice income generated under the defendant's Faculty Practice Plan. Under the plan, the plaintiff received quarterly compensation payments along with written accountings setting forth the formula the defendant used to calculate the amount of the payments. He received a total of $79,335.72 from his participation in the plan. After his resignation, the plaintiff commenced an action against the defendant to recover damages for fraud, unjust enrichment and an equitable accounting, alleging that he was owed additional compensation for services he rendered under the plan.
The plaintiff contends that the fee-splitting arrangement was in violation of Education Law § 6509-a. We disagree. Courts have consistently rejected challenges to faculty medical practice plans such as the one adopted here on the ground that the allocation of income generated under such plans is not governed by Education Law § 6509-a (see, Albany Med. Coll. v. McShane, 66 N.Y.2d 982, rearg denied 67 N.Y.2d 757; Kountz v. State Univ., 87 A.D.2d 605, affg 109 Misc.2d 319, appeal dismissed 58 N.Y.2d 747). Accordingly, we find that the allocation of income produced under the defendant's plan is not prohibited.
We have examined the plaintiff's remaining contentions and find them to be without merit. Bracken, J.P., Lawrence, Rubin and Kooper, JJ., concur.