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MATTER OF ANONYMOUS v. NEW YORK STATE DEPARTMENT OF HEALTH

5300, 103380/10.

85 A.D.3d 468 (2011)

927 N.Y.S.2d 1

2011 NY Slip Op 4813

In the Matter of ANONYMOUS, Appellant, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

Decided June 9, 2011.

Petitioner contends that there was excessive delay in bringing charges against her after the determination was made that charges were warranted. Conclusory allegations that the passage of time has dulled witnesses' memories do not demonstrate actual prejudice (Matter of Cortlandt Nursing Home v Axelrod, 66 N.Y.2d 169, 181 [1985], cert denied 476 U.S. 1115 [1986]). Moreover, more than half of this period was taken up with negotiations...

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