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MATTER OF HAYES v. AXELROD

147 A.D.2d 908 (1989)

In the Matter of Ella M. Hayes, 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.

February 3, 1989

Determination unanimously annulled on the law with costs and petition granted, in accordance with the following memorandum: In this original CPLR article 78 proceeding, petitioner challenges respondent's determination finding her guilty of patient abuse in violation of Public Health Law § 2803-d and 10 NYCRR part 81. Petitioner, a nursing assistant employed at a nursing home, was accused by a coemployee of squeezing a patient's scrotum while washing him. The patient...

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