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SCHEINER v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

39 A.D.3d 286 (2007)

833 N.Y.S.2d 891

CLIFFORD J. SCHEINER, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Respondents.

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

Decided April 10, 2007.

Respondents' determination was not in violation of lawful procedure or affected by an error of law, nor was it arbitrary and capricious or an abuse of discretion (CPLR 7803 [3]). The hospital's bylaws allowed the presence of counsel for respondent at the hearing. There is no indication that counsel performed any decision-making function at the proceedings. The bylaws also provided for the Ad Hoc Committee to determine the relevance of evidence. There is no indication that...

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