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MATTER OF MINIELLY v. COMM'R OF HEALTH OF THE STATE OF NEW YORK

222 A.D.2d 750 (1995)

634 N.Y.S.2d 856

In the Matter of Richard Minielly, Petitioner, v. Commissioner of Health of the State of New York, Respondent

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

December 7, 1995

Spain, J.

Petitioner, a physician licensed to practice in this State, was charged by the State Board for Professional Medical Conduct with gross incompetence and gross negligence (Education Law § 6530 [4], [6]), based upon petitioner's performance of an endometrial ablation procedure by Yttrium Aluminum Gallium (hereinafter YAG) laser on a patient on August 5, 1988; the patient died of heart failure caused by a gas embolism during the procedure....

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