Citing Matter of St. Hill v New York State Bd. for Professional Med. Conduct, 166 AD3d 1092, the Appellate Division opined that there is no statute of limitations and the doctrine of laches does not apply to professional disciplinary proceedings conducted by the New York State Department of Education's Office of Professional Discipline [OPD]."
With respect to satisfying a minimum number of members on a OPD disciplinary panel required to satisfy a quorum for the transaction of business, §6510[3][b] of the Education Law prescribes the specific composition of members to serve on an OPD hearing panel to conduct a professional disciplinary proceeding.
Observing that it was undisputed that relevant ODP panel was otherwise authorized by statute to conduct the underlying investigation and to hold the professional disciplinary proceedings at issue, the Appellate Division concluded that Supreme Court correctly determined that the granting of Petitioners' petition seeking the extraordinary remedy of a writ of prohibition was not warranted.
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