From Casetext: Smarter Legal Research

Matter of Mruthyunjaya v. St. of N.Y. Educ

Appellate Division of the Supreme Court of New York, Third Department
Feb 12, 1987
127 A.D.2d 881 (N.Y. App. Div. 1987)

Opinion

February 12, 1987


The determination should be confirmed. Initially, we note that contrary to petitioner Yellappa C. Mruthyunjaya's (hereinafter petitioner) assertion, there is nothing in the record to indicate that petitioner was denied a fair hearing or otherwise prejudiced by references at the hearing to the Monroe County Dental Society's response to Joseph Spagnolo's complaint (see, Matter of Sroka v. Ambach, 124 A.D.2d 873).

Petitioner's central contention is that the evidence adduced at the hearing demonstrates that his course of treatment reflected an exercise of professional judgment and that the treatment was performed with reasonable care. However, expert testimony by respondents' witnesses conflicts with the evidence offered by petitioner and supports the conclusion that the treatment rendered to Spagnolo by petitioner constituted gross negligence. Resolution of such factual issues are exclusively within the province of the Board of Regents (see, e.g., Matter of Rudner v Board of Regents, 105 A.D.2d 555, 556; see also, Matter of Di Maria v. Ross, 52 N.Y.2d 771), and, based upon the instant record, there is sufficient evidence to support respondents' conclusion that petitioner's guilt was established by a preponderance of the evidence. We have reviewed petitioner's remaining contentions and find them to be without merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.


Summaries of

Matter of Mruthyunjaya v. St. of N.Y. Educ

Appellate Division of the Supreme Court of New York, Third Department
Feb 12, 1987
127 A.D.2d 881 (N.Y. App. Div. 1987)
Case details for

Matter of Mruthyunjaya v. St. of N.Y. Educ

Case Details

Full title:In the Matter of YELLAPPA C. MRUTHYUNJAYA et al., Petitioners, v. STATE OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 12, 1987

Citations

127 A.D.2d 881 (N.Y. App. Div. 1987)

Citing Cases

Matter of Prokopiw v. Commissioner of Educ

Respondents' proof demonstrated that petitioner failed to complete an adequate history for the patients,…

Matter of Olesh v. Ambach

for the practice of dentistry to the exclusion of endodontics, crown and bridge work, but provided that…