General
In the Matter of Fortune Maori, Petitioner, v. Edward A. Stolzenberg, Respondent
269 A.D.2d 599704 N.Y.S.2d 820·New York Supreme Court, Appellate Division·2000·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Fortune Maori, Petitioner, v Edward A. Stolzenberg, Respondent.
[704 NYS2d 820]
[MAJORITY]
—Proceeding pursuant to CPLR article 78 to review a determination of the respondent, Edward A. Stolzenberg as Commissioner of the Department of Hospitals Westchester County, dated January 16, 1998, which adopted the recommendation of a hearing officer, made after a hearing, finding that the petitioner was guilty of misconduct, and imposing a penalty.
Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, with costs.
Contrary to the petitioner’s contention, the determination that he was guilty of misconduct is supported by substantial evidence (see, CPLR 7803 [4]; 300 Gramatan Ave. Assocs. v State Div. of Human Rights, 45 NY2d 176; Matter of Fabulous Steak House v New York State Liq. Auth., 186 AD2d 566, 567). Santucci, J. P., Altman, Luciano and Smith, JJ., concur.