Determination unanimously annulled on the law with costs and petition granted.
Memorandum:
In this proceeding transferred pursuant to CPLR 7804 (g), petitioner seeks to annul a determination of the Commissioner of Health which found that he was guilty of patient abuse and imposed a fine. Petitioner was charged with patient abuse for allegedly placing his foot on the neck of a Down's Syndrome patient on one occasion and for making that patient stand in the...
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