Opinion
June 30, 1943.
This is an application pursuant to the provisions of article 78 of the Civil Practice Act to review the determination of the Board of Regents and Commissioner of Education in revoking the medical license of Doctor Harry Gilbert. The petitioner is charged with fraud and deceit in the practice of medicine, in violation of paragraph (a) of subdivision 2 of section 1264 Educ. of the Education Law, which provides that the license of a physician may be revoked, suspended or annulled after due hearing if found guilty of fraud and deceit in the practice of medicine or in his admission to such practice. The events leading up to the charges and hearing and determination are substantially as follows: On August 21, 1934, John Oley, Percy Geary, Stewart Wallace, Thomas Quinn, John Hughes, Frank Oley, John Stewart, John Manning and Bernard McMahon held up and robbed an armored truck in Brooklyn, obtaining in currency $427,950; that four of these robbers, including McMahon, left the scene of the robbery and boarded a motor speed boat and while traveling in said speed boat, McMahon was accidentally shot in his left leg by a shotgun charge, receiving serious injuries. He was taken to a rooming house at 334 Riverside Drive. It was charged, and the Committee on Grievances found, that on August 22, 1934, petitioner examined and treated McMahon at the said rooming house and received certain money therefor and after such examination had full knowledge and information that McMahon was suffering from a gunshot wound; that petitioner did not then or at any other time report his attendance, examination and treatment of said McMahon to the police authorities, as required by section 1915 of the Penal Law and by his failure so to do enabled and assisted in the harboring and concealment of McMahon and thus aided and assisted him to avoid and escape arrest. It was further charged and found that McMahon died at the said rooming house on August 22, 1934, and that petitioner on that day entered into an agreement with Wallace, Stewart, Manning and a Michael Piccardo, sometimes known as Michael Rene, to file a physician's certificate of death and provide McMahon with a proper burial and did ask and receive at that time certain sums of money. It is contended further that petitioner made efforts to obtain an undertaker but failing in this, dismembered the body of said McMahon so that it could be packed in a trunk, and that the trunk containing the dismembered body was taken to an areaway on August 25, 1934, and there abandoned. Petitioner was represented by able counsel and received a fair and complete hearing, as indicated by the record, consisting of 835 pages. A question of fact only was presented and there was substantial legal evidence presented to sustain the determination of the Board, and such determination should be confirmed. Determination confirmed, without costs. All concur.