Doskow v. Nyquist
| Decision Date | 30 June 1977 |
| Citation | 396 N.Y.S.2d 295,58 A.D.2d 725 |
| Parties | In the Matter of Samuel W. DOSKOW, Petitioner, v. Ewald B. NYQUIST, as Commissioner of Education of the State of New York, Respondent. |
| Court | New York Supreme Court — Appellate Division |
DiFalco, Field, Lomanzo & O'Rourke, New York City (Joel L. Cohen, New York City, of counsel), for petitioner.
Louis J. Lefkowitz, Atty. Gen. (John J. O'Grady, New York City, of counsel), for respondent.
Before KOREMAN, P. J., and KANE, MAHONEY, LARKIN and HERLIHY, JJ.
Proceeding initiated in this court, pursuant to subdivision 4 of section 6510 of the Education Law, to review a determination of the Commissioner of Education.
Petitioner, a physician with nearly 40 years experience, was charged with permitting, aiding or abetting an unlicensed person to perform activities requiring a license (Education Law, § 6509, subd. 7) in that between August 4 and October 3, 1972 he permitted, aided and abetted one Reuben Amber to practice medicine when he knew or should have known Amber was not licensed to practice medicine in this State. Petitioner was further charged with unprofessional conduct (Education Law, § 6509, subd. 9) by engaging in fee splitting with Amber. A panel of the New York State Board for Medicine, before whom petitioner appeared with counsel, found him guilty of both charges and recommended that his license and registration be suspended for six months on each charge, to be followed by four and one-half years probation. The Regents Review Committee modified by ordering the separate suspensions to run concurrently and struck the period of probation. The Board of Regents approved and the respondent Commissioner issued an order effectuating the Regents' decision.
There is indisputable proof in the record that Reuben Amber was not licensed to practice medicine in this State. A certificate of non-licensure was received in evidence without objection. Yet, on October 3, 1972, a Mr. Granberg, an investigator for the Department of Education, visited petitioner's offices complaining of tightness in his shoulders and neck. After a brief physical examination petitioner had Mr. Granberg make a check in the amount of $35 payable to Dr. Amber, an individual known by petitioner not to be a licensed doctor, and instructed Granberg to report to Amber's office for treatment. Next, despite his knowledge that Amber was not a doctor petitioner entered into an agreement with him whereby petitioner...
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Thompson v. Texas State Bd. of Medical Examiners
...properly included within the practice of medicine. We are supported in this view by courts of other jurisdictions. Doskow v. Nyquist, 58 A.D.2d 725, 396 N.Y.S.2d 295 (1977); State v. Rich, 44 Ohio St.2d 195, 339 N.E.2d 630 (1975); State v. Won, 19 Or.App. 580, 528 P.2d 594 (1974); People v.......
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Norris v. Metropolitan Life Ins. Co.
...even to the extent that an unlicensed practitioner thereof was found guilty of the unlawful practice of medicine. In re Doskow v. Nyquist, 58 A.D.2d 725, 396 N.Y.S.2d 295; People v. Amber, 76 Misc.2d 267, 349 N.Y.S.2d 604; People v. Stanton, 33 Misc.2d 921, 228 N.Y.S.2d 858; Casden v. Monar......
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Doskow v. Nyquist
...1026 43 N.Y.2d 644, 373 N.E.2d 995 Doskow, Matter of v. Nyquist COURT OF APPEALS OF NEW YORK Jan 06, 1978 Doskow, Matter of v. Nyquist 396 N.Y.S.2d 295, 58 A.D.2d 725 MOTION FOR LEAVE TO Denied. ...