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ZUCKER v. AXELROD

139 A.D.2d 966 (1988)

Judith Zucker, Petitioner, v. David Axelrod, as Commissioner of Health of The State of New York, Respondent

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

April 8, 1988

Determination unanimously confirmed and petition dismissed without costs.

Memorandum:

Petitioner, a licensed physical therapist, was charged with patient neglect for refusing to allow an 82-year-old nursing home patient to go to the bathroom before starting his therapy treatment session. At a hearing conducted pursuant to 10 NYCRR part 81, the undisputed evidence showed that petitioner refused to allow the patient to be excused for toileting; that she insisted...

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