Opinion
December 31, 1986
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner's claim, there was substantial evidence to support the determination that the petitioner had committed an act of neglect as defined in 10 NYCRR 81.1 (c) by leaving a patient unattended on a toilet in the Franklin Park Nursing Home, which resulted in a fall in which she sustained a fractured hip. The uncontradicted evidence adduced at the hearing revealed that the petitioner violated the policy of the nursing home by leaving the patient unattended (see, Matter of Stoker v Tarentino, 64 N.Y.2d 994; Matter of Jones v. Axelrod, 118 A.D.2d 1011).
We also reject the petitioner's claim that the commissioner's interpretation of the regulations which define patient neglect is arbitrary and capricious (see, Public Health Law § 2803-d; 10 NYCRR 81.1[c]). Rubin, J.P., Lawrence, Kooper and Spatt, JJ., concur.