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MATTER OF D'AGOSTINO v. NEW YORK STATE DEP'T OF HEALTH

138 A.D.2d 704 (1988)

In the Matter of Doreen J. D'Agostino, Petitioner, v. New York State Department of Health et al., Respondents

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

March 28, 1988

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

The record reveals that at the hearing an eyewitness testified that the petitioner had instructed her to withhold a patient's medication and two other witnesses testified that the petitioner admitted having done so. We therefore find that the determination of patient neglect was supported by substantial evidence in the hearing record (see, 300 Gramatan...

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