Summary
In Shatkin, the issues were whether the medical staff bylaws constituted a contract between the physician and the hospital and whether the hospital complied with them. The issue whether a physician is first required to pursue relief from the Public Health Council prior to seeking judicial intervention for reduction of hospital privileges was not raised.
Summary of this case from Gelbard v. Genesee HospOpinion
December 26, 1991
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Denman, P.J., Doerr, Boomer, Pine and Balio, JJ.
Determination unanimously confirmed without costs and petition dismissed. Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge a determination of respondent Hospital to revoke his staff privileges. The proceeding was improperly transferred to this Court by Supreme Court because the hearing afforded petitioner was not pursuant to direction by law within the meaning of CPLR 7803 (4) (see, Matter of Mehdi v Board of Managers, 116 A.D.2d 1024, 1025; Matter of City of Rome v New York State Health Dept., 65 A.D.2d 220, 224, lv denied 46 N.Y.2d 713). However, there is no need to remit the proceeding; we are able to review whether the determination was arbitrary, capricious, or an abuse of discretion (Matter of Mehdi v Board of Managers, supra, at 1025).
We reject respondents' argument that petitioner is not entitled to challenge the revocation of his staff privileges on the ground that the Hospital failed to comply with its own By-Laws (see, Matter of Murphy v St. Agnes Hosp., 107 A.D.2d 685, 687-689). We conclude, however, that the Hospital did comply with its By-Laws and further conclude that the determination to revoke petitioner's staff privileges was not arbitrary, capricious, or an abuse of discretion.