(Download) "Matter Benjamin Martin v. Ewald B. Nyquist" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Benjamin Martin v. Ewald B. Nyquist
- Author : Supreme Court of New York
- Release Date : January 09, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[55 A.D.2d 726 Page 726] Petitioner was an owner and supervising pharmacist of a retail pharmacy located on Canal Street in the City of New York. Although he disparages some of the evidence which led to findings that he was guilty of several acts of professional misconduct, the sole contention urged by him in this proceeding is that the punishment imposed therefor by the Board of Regents is unduly harsh. Revocation of his license and certificate is the most severe penalty authorized (Education Law, § 6511). However, our review is strictly limited to the question of whether such action is so disproportionate to the offense, in light of all the circumstances, as to be shocking to one's sense of fairness (Matter of Butterly & Green v Lomenzo, 36 N.Y.2d 250; Matter of Pell v Board of Educ., 34 N.Y.2d 222). The misconduct consisted chiefly of a failure to adequately keep required records of controlled and narcotic drugs. While some lesser sanction might have been selected (cf. Matter of Moskowitz v Board of Regents of Univ. of State of N. Y., 51 A.D.2d 836; Matter of Jay v Board of Regents of Univ. of State of N. Y., 50 A.D.2d 967; Matter of Snyder v Board of Regents of Univ. of State of N. Y., 50 A.D.2d 966), we are not prepared to say that the seriousness of the penalty represented an abuse of the Regent's discretion in this case. The proven violations were not unconnected or isolated incidents; they occurred over a lengthy period of time and dealt with the highly sensitive subject of regulating the dispensation [55 A.D.2d 726 Page 727]
 "Matter Benjamin Martin v. Ewald B. Nyquist" by Supreme Court of New York " eBook PDF Kindle ePub Free){kind=link}