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TSIRELMAN v. DAINES

No. 14-2154-CV.

794 F.3d 310 (2015)

Gary TSIRELMAN, M.D., Plaintiff-Appellant, v. Richard F. DAINES, M.D., Commissioner of Health, State of New York Department of Health, Kendrick A. Sears, M.D., Chairman of the State Board for Professional Medical Conduct, State of New York Department of Health, and State Board for Professional Medical Conduct and their Employees and Agents, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 24, 2015.

Attorney(s) appearing for the Case

Adam Francois Watkins , Watkins Bradley LLP, New York, N.Y., for Plaintiff-Appellant.

Karen W. Lin ( Claude S. Platton , Barbara D. Underwood , Solicitor General of New York, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, N.Y., for Defendants-Appellees.

Before: WINTER, WALKER, and DRONEY, Circuit Judges.

Plaintiff Gary Tsirelman's medical license was revoked in a New York disciplinary proceeding. On appeal, he challenges New York's use of the preponderance-of-the-evidence standard in such proceedings as a violation of the Due Process Clause. Because we hold that the Constitution does not require a higher standard...

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