LymeNet Law Pages
Case History Document
Orens v. Novello
Title: Orens v. Novello
|Entered By: Ira M Maurer/LymeNet||Date Created: |
|Document Type: |
2001 N.Y. App. Div. LEXIS 6656, * In the Matter of PERRY ORENS, Petitioner, v ANTONIA C. NOVELLO, as Commissioner of the Department of Health of the State of New York, et al., Respondents. 87430 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT 2001 N.Y. App. Div. LEXIS 6656
June 21, 2001, Decided
June 21, 2001, Entered
Determination annulled, with costs, petition granted, and matter remitted to respondent State Board for Professional Medical Conduct for further proceedings not inconsistent with this Court's decision.
|PROCEDURAL POSTURE: Petitioner doctor sought review of a determination by respondents, health department commissioner and review boards, which revoked doctor's license to practice medicine. |
OVERVIEW: Doctor's license to practice medicine was revoked after a hearing before a hearing committee. The review board affirmed the revocation. On appeal, doctor contended that the three-member hearing committee did not include a "lay person" as required by N.Y. Pub. Health Law § 230(6). The appellate court found that the term "lay person" had different meanings based on the context of its use. After reviewing the legislative history of § 230(6), the appellate court held that the hearing committee had to include a person who was not subject to discipline under § 230(6). Because doctor had objected to the composition prior to the hearing, doctor was entitled to a properly constituted committee.
OUTCOME: The determination was annulled. The petition was granted, and the matter was remitted for further proceedings.
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