Opinion
October 3, 1991
Petitioner's criminal conviction of, inter alia, grand larceny in the second degree and 63 counts of offering a false instrument for filing in the first degree was based on his practice over an extended period of time of submitting false Medicaid forms. Upon then being charged and found guilty of professional misconduct, his license to practice medicine was revoked. In this proceeding to review the revocation of his license, petitioner attacks only the severity of the penalty. However, given petitioner's "prolonged pattern * * * fraught with deceit" of submitting false Medicaid claims (Matter of Diamond v Sobol, 145 A.D.2d 786, 788), we do not find the penalty imposed to be shocking to the court's sense of fairness (see, Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 234) and decline to disturb the penalty. We also reject petitioner's argument that his license could not be revoked because he was required as a condition of his probation to work as a doctor in a clinic. Respondent Board of Regents was responsible for determining the discipline to be imposed upon the determination of misconduct (Education Law § 6510-a [2]). Petitioner's remedy with respect to his terms of probation is to advise the sentencing court of the revocation of his license so that alternate arrangements can be made.
Mahoney, P.J., Casey, Yesawich Jr. and Mercure, JJ., concur. Adjudged that the determination is confirmed, and petition dismissed, without costs.