(DOWNLOAD) "Matter David Axelrod Et Al. v. David Axelrod Et Al." by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter David Axelrod Et Al. v. David Axelrod Et Al.
- Author : Supreme Court of New York
- Release Date : January 13, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Judgment unanimously reversed, without costs, and petitions dismissed. Memorandum: In a consolidated CPLR article 78 proceeding, petitioners, four of whom are nurses at Downtown Nursing Home in Buffalo, seek to enjoin respondents from conducting a hearing on charges of patient neglect and also seek a direction that respondents expunge from their records any findings that petitioners were guilty of neglect. Special Term has granted this relief holding that respondents failed to afford petitioners an opportunity for a hearing "within [a] reasonable time" (State Administrative Procedure Act, § 301, subd 1) and that petitioners had suffered prejudice because their ability to present witnesses with clear recollections of the incident had been compromised by respondents delay in providing them with copies of the investigative report of the incident and in holding the hearing. Respondents appeal and we reverse. para. The proceeding arises from an incident in which petitioner Dennis, a LPN, allegedly improperly administered a heat lamp treatment to a patient in a nursing home causing burns which led to the patients death. On July 20, 1981, the incident was reported to the Department of Health which, on the following day, began its investigation (Public Health Law, § 2803-d, subds 3, 6, par [a]). On August 24, 1981, it completed the investigation and forwarded reports thereof, including interviews with 25 people, to the Commissioner who, after reviewing the reports, notified petitioners on January 18, 1982 of his determination that there was "sufficient credible evidence" (Public Health Law, § 2803-d, subd 6, [103 A.D.2d 1007 Page 1008]
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