Matter of Evans v Martuscello

Holding The Appellate Division confirmed the disciplinary determination, finding it supported by substantial evidence including video and the petitioner’s statements. The court held that the petitioner failed to exhaust administrative remedies regarding due process claims about the hearing officer’s ex parte actions, and that the failure to have the nurse endorse the report was harmless.

The court’s words

such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact

2026 NY Slip Op 04723, at the official text

failed to exhaust his administrative remedies[] and this Court has no discretionary power to reach that issue

2026 NY Slip Op 04723, at the official text

any such error is harmless inasmuch as petitioner has failed to demonstrate any prejudice resulting therefrom

2026 NY Slip Op 04723, at the official text