| Dorsey v Morrissey |
| 2006 NY Slip Op 51388(U) [12 Misc 3d 141(A)] |
| Decided on July 18, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Diane A. Lebedeff, J.), entered December 1, 2005, which granted defendant's cross motion for summary judgment dismissing the complaint.
PER CURIAM:
Order (Diane A. Lebedeff, J.), entered December 1, 2005, affirmed, without costs.
Civil Court properly granted defendant's cross motion for summary dismissal of the complaint. Plaintiff failed to raise a triable issue of fact as to whether defendant acted with "malice" within the meaning of Public Health Law § 230(8) in voting to deny restoration of plaintiff's license as a physician's assistant following an administrative hearing (see Negron v State of New York, 218 AD2d 209 [1996], lv denied 88 NY2d 805 [1996]). Inasmuch as no basis was shown to divest defendant, as chairperson and member of the committee of the State Board of Professional Medical Conduct, of the absolute immunity conferred by Public Health Law § 230(8), defendant was entitled to summary relief dismissing the damage claim against him.
This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: July 18, 2006