MATTER OF WALKER v. ZUCKER

2016-01864, Index No. 5941/15.

146 A.D.3d 789 (2017)

2017 NY Slip Op 00172

44 N.Y.S.3d 539

In the Matter of ANN MARIE WALKER, Petitioner, v. HOWARD A. ZUCKER, as Acting Commissioner of Health of the State of New York, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 11, 2017.


Adjudged that the determination is confirmed, the petition is denied, and the proceeding is dismissed on the merits, with costs.

On November 8, 2011, the petitioner, a certified nursing assistant at Holliswood Care Center, was observed on a surveillance video using excessive force with a resident patient, and the petitioner's employment was terminated. Thereafter, the petitioner was charged by the respondent New York State Department of Health (hereinafter the DOH...

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