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MATTER OF ROSS v. COMM'R OF EDUC. OF THE STATE OF NEW YORK

167 A.D.2d 569 (1990)

In the Matter of Hank Ross, Petitioner, v. Commissioner of Education of the State of New York, Respondent

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

November 1, 1990

Mahoney, P. J.

Petitioner is a physician licensed to practice in this State. He was charged with a single specification of professional misconduct alleging that he prepared the wrong leg of a patient on which an operation was performed. Petitioner acknowledged that he knew the left leg was to be operated on and prepped the right leg. The sole issue presented is whether this conduct constitutes gross negligence as required for a finding of professional...

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