Opinion
May 28, 1981
Proceeding initiated in this court, pursuant to subdivision 4 of section 6510 Educ. of the Education Law, to annul a determination of the Commissioner of Education fining petitioner $500, suspending his license to practice as a chiropractor for one year with the last nine months of the suspension stayed, and placing him on probation for one year. Following a hearing, petitioner, a chiropractor, was found guilty of unprofessional conduct for using the title "physician" in a widely circulated advertising newspaper. In this proceeding, petitioner concedes his guilt of the charge and contends that the penalty imposed, which effectively suspends his license to practice as a chiropractor for three months, is excessive. We find, however, that the punishment is not "`"so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness".'" (Matter of Pell v Board of Educ., 34 N.Y.2d 222, 233), and we, therefore, must confirm the determination. Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Sweeney, Kane, Casey and Weiss, JJ., concur.