Rodriguez v. Chassin
| Decision Date | 23 January 1997 |
| Citation | 235 A.D.2d 832,652 N.Y.S.2d 423 |
| Parties | In the Matter of Omar RODRIGUEZ, Petitioner, v. Mark R. CHASSIN, as Commissioner of Health of the State of New York, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Franklin Wilks, New York City, for petitioner.
Dennis C. Vacco, Attorney General (Raymond J. Foley, of counsel), New York City, for respondents.
Before MIKOLL, J.P., and CREW, WHITE, YESAWICH and PETERS, JJ.
MIKOLL, Justice Presiding.
Proceeding pursuant to CPLR article 78 () to review a determination of the Administrative Review Board for Professional Medical Conduct which revoked petitioner's license to practice medicine in New York.
On April 25, 1991, petitioner, a physician, pleaded guilty to attempted grand larceny in the third degree and conspiracy in the fifth degree. Petitioner admitted that he signed prescriptions and prior authorization forms for dispensing medical equipment which he knew was not needed by patients with the intent that the Medicaid program pay for it. As part of the plea bargain, petitioner was to be conditionally discharged with a $2,500 fine. However, at the time of sentencing, it was revealed that petitioner had been employed in another Medicaid facility and was signing prescriptions under another physician's name. As a result, petitioner was instead sentenced to a term of probation along with the fine.
Thereafter, in March 1994, petitioner was charged with a single specification of professional misconduct based on the criminal conviction and was notified that a direct referral proceeding limited to the issue of the penalty to be imposed would take place before a Committee on Professional Medical Conduct (hereinafter the Committee) of respondent State Board of Professional Medical Conduct. The hearing was originally scheduled for May 11, 1994. It was, however, not held until July 14, 1994 due to two adjournments requested by petitioner's counsel because of his involvement in another trial matter. On the scheduled date of the hearing, petitioner's counsel appeared but petitioner was not present. Petitioner's counsel requested another adjournment based on petitioner being ill. In support thereof, counsel submitted his own "affirmation of disability" as well as a physician's handwritten note stating that petitioner was not able to appear because he was suffering from "gastroenteritis and dehydration". Neither document was sworn to. In refusing the request, the Committee found the documentation insufficient to warrant an adjournment due to illness. Petitioner's counsel refused to participate further in the proceeding and left. The hearing continued and the Committee sustained the charge of professional misconduct based on petitioner's criminal conviction. In light of the seriousness of the offense as well as the further revelations at petitioner's sentencing, the Committee ordered that petitioner's license be revoked. On administrative appeal to the Administrative Review Board for Professional Medical Conduct (hereinafter ARB), the penalty was sustained. The ARB also rejected ...
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