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MATTER OF GUPTA v. De BUONO

229 A.D.2d 58 (1997)

654 N.Y.S.2d 426

In the Matter of Sushila Gupta, Petitioner, v. Barbara De Buono, as Commissioner of The New York State Department of Health, et al., Respondents

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

February 27, 1997

Attorney(s) appearing for the Case

Lifshutz, Polland & Associates, P. C., New York City (Alan Lambert of counsel), for petitioner.

Dennis C. Vacco, Attorney-General, New York City (Michael Melkonian of counsel), for respondents.

CARDONA, P. J., MERCURE, WHITE and CASEY, JJ., concur.

CARPINELLO, J.

In December 1994, the Bureau of Professional Medical Conduct (hereinafter BPMC) filed charges of professional misconduct against petitioner, a licensed physician engaged in the practice of obstetrics and gynecology, stemming from her treatment of five patients (hereinafter patients A, B, C, D and E). Following an evidentiary hearing, a Hearing Committee of

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