MATTER OF BURKE v. NOVELLO, M.D.


282 A.D.2d 394 (2001)

723 N.Y.S.2d 659

In the Matter of MARVA BURKE, Petitioner, v. ANTONIA C. NOVELLO, M.D., as Health Commissioner of the State of New York, et al., Respondents.

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

Decided April 26, 2001.


The determination, largely one of credibility, is supported by the evidence. We have considered and rejected petitioner's argument that the Administrative Law Judge, whose findings were adopted by respondent, applied an incorrect substantial evidence, rather than the correct preponderance of the evidence, standard...

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