Matter of Allrich v Regents Review Comm. Off. of Legal Servs. (2020 NY Slip Op 00005) Matter of Allrich v Regents Review Comm. Off. of Legal Servs. 2020 NY Slip Op 00005 Decided on January 2, 2020 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided and Entered: January 2, 2020 525951 [*1]In the Matter of Jocelyne Allrich, Petitioner, vRegents Review Committee Office of Legal Services et al., Respondents. Calendar Date: November 21, 2019 Before: Garry, P.J., Egan Jr., Lynch and Devine, JJ. Zisholtz & Zisholtz, LLP, Mineola (William Mastrogiannis of counsel), for petitioner. Letitia James, Attorney General, New York City (James M. Hershler of counsel), for respondents. Egan Jr., 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, among other things, revoking petitioner's license to practice as a licensed practical nurse. In February 2014, petitioner, a licensed practical nurse, was convicted of one count of scheme to defraud in the first degree and six counts of grand larceny in the third degree based upon her involvement in the operation of an unlicensed nursing school within the state. She was sentenced to a prison term of 1 to 4 years for her conviction of scheme to defraud and concurrent terms of 2 to 7 years for each conviction of grand larceny in the third degree.[FN1] In June 2015, the Office of Professional Discipline of respondent State Education Department initiated a disciplinary proceeding against petitioner based upon her criminal convictions (see Education Law § 6509 [5] [a] [i]). Following a July 2017 hearing, the Regents Review Committee (hereinafter the Committee) issued a report finding her guilty of misconduct and recommended the revocation of her nursing license and the issuance of a $10,000 fine. Upon review, the Board of Regents (hereinafter the Board) adopted the Committee's findings of fact, determination of guilt and penalty recommendation. Petitioner thereafter commenced this proceeding in this Court challenging the Board's determination.[FN2] Petitioner contends that revocation of her license was not appropriate under the circumstances. We disagree. The imposition of an administrative penalty in a disciplinary proceeding pursuant to the Education Law "rests 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" (Matter of Genco v Mills, 28 AD3d 966, 967 [2006]; see Matter of Epelboym v Board of Regents of the State of N.Y., 174 AD3d 1182, 1183 [2019]; Matter of Weeks v State Educ. Department/Univ. of the State of N.Y., 113 AD3d 944, 945 [2014]). Petitioner contends that the revocation of her license was "an unconscionable enhancement of sentence" inasmuch as she has already served a 2½-year prison sentence, one year of probation and been terminated from Medicaid as a result of her underlying criminal ...
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