In the Matter of Carmen Ahsaf v. Ewald B. Nyquist, as Commissioner of Education of the State of New York

Summary

The New York Court of Appeals held that the Board of Regents' outright revocation of the nurse's license was an abuse of discretion because it was based on a charge of lack of candor that was never raised, annulled the revocation, and remanded the case for the Board to reconsider an appropriate penalty. Justice Fuchsberg, in a concurring/dissenting opinion, agreed with the abuse of discretion finding but argued the lower court should have affirmed the probationary sanction rather than remand.