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MATTER OF THOMAS v. DeBUONO

238 A.D.2d 345 (1997)

656 N.Y.S.2d 943

In the Matter of Murdina Thomas, Petitioner, v. Barbara A. DeBuono, as Commissioner of New York State Department of Health, et al., Respondents

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

April 7, 1997

Adjudged that the determination is confirmed and the proceeding is dismissed on the merits, without costs or disbursements.

Contrary to the petitioner's contention, the determination of the Commissioner of the New York State Department of Health (hereinafter the Commissioner) should not be annulled because it was based on the testimony of one eyewitness whose credibility the petitioner claims is "in issue". "[I]t is well settled that the duty of weighing the evidence...

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