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MATTER OF POSADA v. NEW YORK STATE DEPARTMENT OF HEALTH

47 A.D.3d 1026 (2008)

849 N.Y.S.2d 340

In the Matter of JOSE G. POSADA, Respondent, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Appellants.

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

Decided January 10, 2008.

Carpinello, J.

By decision dated February 18, 2004, a Hearing Committee of the State Board for Professional Medical Conduct determined that petitioner, a surgeon, had committed acts of negligence on more than one occasion and consequently ordered a two-year stayed suspension of his licence to practice medicine. One of the acts of negligence involved the installation of a cardiac pacemaker in an elderly patient who later died for unrelated reasons. Subsequently, a...

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