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Moon Ho Huh v. New York State Department of Health

Citations: 240 A.D.2d 771; 659 N.Y.S.2d 798; 1997 N.Y. App. Div. LEXIS 6048

Court: Appellate Division of the Supreme Court of the State of New York; June 3, 1997; New York; State Appellate Court

Narrative Opinion Summary

The motion for a stay pending the determination of a review proceeding has been denied without costs. Concurrently, the cross motion to dismiss the petition has been granted, also without costs. A proceeding under CPLR article 78 can be initiated in this Court to review an order from the Administrative Review Board for Professional Medical Conduct or a committee determination that did not undergo administrative review. However, since the petitioner chose to seek review from the Administrative Review Board, he is currently barred from initiating a CPLR article 78 proceeding in this Court. The decision is concurred by judges Cardona, Mercure, Crew III, White, and Casey.

Legal Issues Addressed

CPLR Article 78 Proceedings

Application: A CPLR article 78 proceeding may be initiated to review certain administrative decisions, but procedural paths must be followed correctly.

Reasoning: A proceeding under CPLR article 78 can be initiated in this Court to review an order from the Administrative Review Board for Professional Medical Conduct or a committee determination that did not undergo administrative review.

Dismissal of Petition

Application: The court granted the cross motion to dismiss the petition, reinforcing the procedural bar against the petitioner pursuing concurrent remedies.

Reasoning: Concurrently, the cross motion to dismiss the petition has been granted, also without costs.

Exclusivity of Administrative Review

Application: The petitioner's prior election to seek review by the Administrative Review Board precludes him from initiating a CPLR article 78 proceeding in this Court.

Reasoning: However, since the petitioner chose to seek review from the Administrative Review Board, he is currently barred from initiating a CPLR article 78 proceeding in this Court.

Stay of Proceedings

Application: The court denied the motion to stay the proceedings pending the determination of a review petition, indicating that such relief was not warranted in the present circumstances.

Reasoning: The motion for a stay pending the determination of a review proceeding has been denied without costs.