New York Court of Appeals, 2001

Khan v. New York State Department of Health

New York Court of Appeals · Decided July 2, 2001

96 N.Y.2d 879; 756 N.E.2d 71; 730 N.Y.S.2d 783; 2001 N.Y. LEXIS 1866

Cases that cite this one

131 later published cases cite this decision. The 25 that cite it most often are listed here.

Matter of Harry's Nurses Registry, Inc. v. New York State Off. of Medicaid Inspector Gen. (OMIG) (Appellate Division of the Supreme Court of New York 2025)
Matter of Lisowski v. New York State Dept. of Motor Vehs. (Appellate Division of the Supreme Court of New York 2024)
Blanco v. Selsky (Appellate Division of the Supreme Court of New York 2007)
Hamilton v. Goord (Appellate Division of the Supreme Court of New York 2006)
Cameron v. Goord (Appellate Division of the Supreme Court of New York 2004)
Matter of McRobbie v. Martuscello (Appellate Division of the Supreme Court of New York 2026)
Matter of Marks v. City of New York (Appellate Division of the Supreme Court of New York 2025)
Matter of Albany-Schoharie-Schenectady-Saratoga Bd. of Coop. Educ. Servs. v. Rosa (Appellate Division of the Supreme Court of New York 2025)
Matter of Tsevilsky v. New York State Div. of Hous. & Community Renewal (Appellate Division of the Supreme Court of New York 2025)
Matter of Retter v. City of New York (Appellate Division of the Supreme Court of New York 2025)
Matter of Hassan v. New York City Civ. Serv. Commn. (Appellate Division of the Supreme Court of New York 2025)
Matter of Atta v. Director of Nutritional Servs. (Appellate Division of the Supreme Court of New York 2025)
Matter of Cho v. New York State Dept. of Health, Bd. of Professional Med. Conduct (Appellate Division of the Supreme Court of New York 2025)
Matter of Parsons v. New York State Dept. of Motor Vehs. Appeals Bd. (Appellate Division of the Supreme Court of New York 2024)
Matter of Jewish Press, Inc. v. New York City Police Dept. (Appellate Division of the Supreme Court of New York 2024)
Matter of Linzhong Zhuo v. City of New York (Appellate Division of the Supreme Court of New York 2024)
Matter of Derby v. Annucci (Appellate Division of the Supreme Court of New York 2024)
Matter of Mandelstam v. McDonald (Appellate Division of the Supreme Court of New York 2024)
Matter of Shrubsall v. Annucci (Appellate Division of the Supreme Court of New York 2024)
Matter of 197 Madison Holdings LLC v. NYS Div. of Hous. & Community Renewal (Appellate Division of the Supreme Court of New York 2024)
Matter of ExceedLLC, LLC v. Department of State Div. of Licensing Servs. (Appellate Division of the Supreme Court of New York 2024)
Matter of Doe v. SUNY Brockport (Appellate Division of the Supreme Court of New York 2023)
Matter of Autz v. New York State Justice Ctr. for the Protection of People with Special Needs (Appellate Division of the Supreme Court of New York 2023)
Matter of Reuss v. Schroeder (Appellate Division of the Supreme Court of New York 2023)
Matter of Agnew v. New York City Dept. of Corr. (Appellate Division of the Supreme Court of New York 2023)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, *880should be reversed, with costs, and the matter remitted to that court for review of the sanction imposed and any other issues not considered in view of the disposition of that court.

The Appellate Division annulled appellant New York State Department of Health’s determination that petitioner’s conduct violated Education Law § 6530 (18) and (29) by reaching an unpreserved issue “in the interest of justice.” This was error. Judicial review of administrative determinations pursuant to CPLR article 78 is limited to questions of law (see, Matter of Featherstone, 95 NY2d 550, 554; CPLR 7803). Unpreserved issues are not issues of law. Accordingly, the Appellate Division had no discretionary authority or interest of justice jurisdiction in reviewing the agency’s determination of guilt below (see, Matter of Kelly v Safir, 96 NY2d 32, 38, rearg denied 96 NY2d 834).

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, reversed, with costs, and matter remitted to the Appellate Division, Third Department, for further proceedings in accordance with the memorandum herein.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.