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Matter of Buchanan v. Axelrod

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 568 (N.Y. App. Div. 1989)

Opinion

July 3, 1989


Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.

There was substantial evidence adduced at the hearing to support the determination that the petitioner had committed an act of neglect and abuse as defined in 10 NYCRR 81.1 (a) and (c) by causing an elderly patient to be bruised when the petitioner physically forced the patient out of her room despite her objections and despite the fact that such actions violated the policy of the nursing home (see, Zucker v Axelrod, 139 A.D.2d 966; Matter of Alexander v Axelrod, 125 A.D.2d 665; People v Coe, 131 Misc.2d 807, affd 126 A.D.2d 436, affd 71 N.Y.2d 852).

We have examined the petitioner's remaining contention and find it to be without merit. Mollen, P.J., Spatt, Sullivan and Rosenblatt, JJ., concur.


Summaries of

Matter of Buchanan v. Axelrod

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 1989
152 A.D.2d 568 (N.Y. App. Div. 1989)
Case details for

Matter of Buchanan v. Axelrod

Case Details

Full title:In the Matter of CORLISS BUCHANAN, Petitioner, v. DAVID AXELROD, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 3, 1989

Citations

152 A.D.2d 568 (N.Y. App. Div. 1989)
543 N.Y.S.2d 160

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