MATTER OF GOLDSMITH v. DeBUONO


245 A.D.2d 627 (1997)

665 N.Y.S.2d 727

In the Matter of Morris Goldsmith, Petitioner, v. Barbara A. Debuono, 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.

December 4, 1997


Spain, J.

In June 1990 petitioner, operator and administrator of Oak Hollow Nursing Home in Suffolk County, was reported by two nursing assistants at Oak Hollow to have inappropriately touched a 35-year-old female patient who is blind and mentally retarded (hereinafter the patient). The Department of Health (hereinafter the Department) conducted an investigation which resulted in a report of patient abuse. Thereafter, a finding was made on behalf of respondent...

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