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MATTER OF ALEXANDER v. AXELROD

125 A.D.2d 665 (1986)

In the Matter of Pocahontas Alexander, Also Known as Pocahontas Beckwith, Petitioner, v. David Axelrod, as Commissioner of The New York State Department of Health, et al., Respondents

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

December 31, 1986

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

Contrary to the petitioner's claim, there was substantial evidence to support the determination that the petitioner had committed an act of neglect as defined in 10 NYCRR 81.1 (c) by leaving a patient unattended on a toilet in the Franklin Park Nursing Home, which resulted in a fall in which she sustained a fractured hip. The uncontradicted evidence adduced at the...

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