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MATTER OF MILLER v. DEBUONO

90 N.Y.2d 783 (1997)

689 N.E.2d 518

666 N.Y.S.2d 548

In the Matter of Patricia Miller, Respondent, v. Barbara A. DeBuono, as Commissioner of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided December 4, 1997.

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Barbara K. Hathaway, Barbara G. Billet and Michael Belohlavek of counsel), for appellants.

Vladeck, Waldman, Elias & Engelhard, P. C., New York City (Karen Honeycutt of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

On November 7, 1991, the New York State Commissioner of Health received a report that petitioner Patricia Miller, a certified nurse aide employed at the Greenpark Care Center in Brooklyn, had abused a patient in her care. Specifically, the report alleged that petitioner had "hit [a] patient in her right eye causing her to sustain a bruise." Following an investigation...

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