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MATTER OF ORENS v. NOVELLO

99 N.Y.2d 180 (2002)

783 N.E.2d 492

753 N.Y.S.2d 427

In the Matter of PERRY ORENS, Respondent, v. ANTONIA C. NOVELLO, as Commissioner of the Department of Health of the State of New York, et al., Appellants. In the Matter of PAUL S. MAYER, Respondent, v. ANTONIA C. NOVELLO, as Commissioner of the Department of Health of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 14, 2002.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Sachin S. Pandya, Caitlin J. Halligan, Michael S. Belohlavek and Marion R. Buchbinder of counsel), for appellants in the first and second above-entitled proceedings.

Asher Fensterheim, Tarrytown, for respondent in the first above-entitled proceeding.

Law Offices of Irving O. Farber, PLLC, South Salem (Irving O. Farber and Annette G. Hasapidis of counsel), for respondent in the second above-entitled proceeding.

Judges SMITH, LEVINE and GRAFFEO concur with Judge WESLEY; Judge ROSENBLATT dissents and votes to affirm in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.

OPINION OF THE COURT

WESLEY, J.

Section 230 of the Public Health Law establishes a State Board for Professional Medical Conduct (Board). The Board through its committees on professional conduct hears charges of misconduct against physicians, medical residents, physician's assistants and specialist's assistants (see Public Health Law § 230 [7]). Each committee is made up of three members of the...

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