Tsirelman v. Daines, No. 14-2154 (2d Cir. 2015)
Annotate this CasePlaintiff appealed the revocation of his medical license, challenging New York's use of the preponderance-of-the-evidence standard in revocation proceedings as violating the Due Process Clause. The court affirmed the district court's dismissal of the complaint, holding that the Constitution does not require a higher standard of proof in fraud-based medical disciplinary proceedings. In this case, there is nothing exceptional about plaintiff's hearing that rendered the Hearing Committee's use of the preponderance standard unconstitutional as applied to plaintiff.
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