Carpinello, J.
After a hearing pursuant to Public Health Law § 2803-d, respondent Commissioner of Health (hereinafter respondent) sustained charges of patient abuse and neglect against petitioner, a certified nurse's aide, for forcibly grabbing the arm of an elderly skilled nursing facility resident and pulling her from her bed. In this CPLR article 78 proceeding to review the determination, petitioner claims that the charges were not proven by a preponderance...
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