MATTER OF AHSAF v. NYQUIST


37 N.Y.2d 182 (1975)

In the Matter of Carmen Ahsaf, Respondent, v. Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1975.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (John J. O'Grady and Irving Galt of counsel), for appellants.

Philip R. McKnight for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judge FUCHSBERG concurs in part and dissents in part and votes to affirm in a separate opinion; Judge COOKE taking no part.


JONES, J.

We hold that the outright revocation by the Board of Regents of petitioner's license to practice nursing as a licensed practical nurse, in the circumstances disclosed in this record, was an abuse of discretion and that the imposition of such penalty must accordingly be annulled. To this extent we agree with the Appellate Division. We modify the order in the Appellate Division, however, and remit the...

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