Opinion
2014-01-16
In the Matter of Amy Lynn WEEKS, Petitioner, v. STATE EDUCATION DEPARTMENT/UNIVERSITY OF the STATE of New York, Respondent.
Lewis & Stanzione, Catskill (Ralph C. Lewis Jr. of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York City (Bradford S. Glick of counsel), for respondent.
Lewis & Stanzione, Catskill (Ralph C. Lewis Jr. of counsel), for petitioner. Eric T. Schneiderman, Attorney General, New York City (Bradford S. Glick of counsel), for respondent.
Before: PETERS, P.J., ROSE, McCARTHY and GARRY, JJ.
ROSE, J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to Education Law § 6510[5] ) to review a determination of the Board of Regents which suspended petitioner's license to practice as a licensed practical nurse in New York for two years.
Petitioner, a licensed practical nurse, pleaded guilty to petit larceny to satisfy charges against her for fraudulently obtaining unemployment benefits. She was sentenced to three years of probation and ordered to pay restitution in the amount of $17,860.50. The Office of Professional Discipline of respondent sought a disciplinary penalty against petitioner based on her criminal conviction ( seeEducation Law § 6509[5][a][i] ) and, following a hearing, the Regents Review Committee recommended that her license be suspended for two years. The Board of Regents accepted the recommendation and this proceeding by petitioner ensued.
Petitioner limits her challenge to the appropriateness of the penalty. An administrative penalty is within the discretion of the reviewing agency and will not be disturbed unless it is so disproportionate to the offense as to shock one's sense of fairness ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974]; Matter of Genco v. Mills, 28 A.D.3d 966, 967, 813 N.Y.S.2d 270 [2006]; Matter of Richstone v. Novello, 284 A.D.2d 737, 739, 726 N.Y.S.2d 188 [2001] ). Here, although the Office of Professional Discipline advocated for a revocation of petitioner's license, the Board determined that a significant suspension was warranted instead based on the amount of money stolen over a 10–month period, the lack of any direct relation between petitioner's misconduct and her work as a nurse, and her genuine remorse. Although petitioner now argues that, in addition to these factors, the economic impact of the suspension on her family should be taken into consideration, the record reflects that the Board was aware of her financial situation. Under the circumstances, including petitioner's admitted breach of the standards of honesty and integrity expected of a professional, we cannot conclude that the suspension of petitioner's license was so disproportionate to her offense as to shock one's sense of fairness ( see Matter of Genco v. Mills, 28 A.D.3d at 967, 813 N.Y.S.2d 270; Matter of Gordon v. Commissioner of Educ., 144 A.D.2d 839, 840, 534 N.Y.S.2d 576 [1988]; Matter of Feuereisen v. Axelrod, 100 A.D.2d 675, 676, 473 N.Y.S.2d 870 [1984], lv. denied62 N.Y.2d 605, 479 N.Y.S.2d 1025, 468 N.E.2d 57 [1984] ).
ADJUDGED that the determination is confirmed, without costs, and petition dismissed. PETERS, P.J., McCARTHY and GARRY, JJ., concur.