New York Court of Appeals
In the Matter of Perry Orens, Respondent v. Antonia C. Novello, as Commissioner of the Department of Health of the…
November 14, 200299 N.Y.2d 180
Summary
The New York Court of Appeals held that the term "lay member" in Public Health Law § 230(6) means a non‑physician, so a physician's assistant does not satisfy the lay‑member requirement. Accordingly, the hearing committees in the Orens and Mayer proceedings were improperly constituted, the determinations were annulled, and the matters were remanded for new hearings. The Court reversed the Appellate Division’s orders and remanded. Justice Rosenblatt dissented, arguing that "lay member" should be a consumer rather than a non‑physician.