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D'Agostino v. New York State Department of Health

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 704 (N.Y. App. Div. 1988)

Opinion

March 28, 1988


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

The record reveals that at the hearing an eyewitness testified that the petitioner had instructed her to withhold a patient's medication and two other witnesses testified that the petitioner admitted having done so. We therefore find that the determination of patient neglect was supported by substantial evidence in the hearing record (see, 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176; Public Health Law § 2803-d; 10 NYCRR 81.1 [c]). Thompson, J.P., Weinstein, Rubin and Harwood, JJ., concur.


Summaries of

D'Agostino v. New York State Department of Health

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1988
138 A.D.2d 704 (N.Y. App. Div. 1988)
Case details for

D'Agostino v. New York State Department of Health

Case Details

Full title:In the Matter of DOREEN J. D'AGOSTINO, Petitioner, v. NEW YORK STATE…

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

Date published: Mar 28, 1988

Citations

138 A.D.2d 704 (N.Y. App. Div. 1988)

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