State Board of Medical Examiners
Open Disciplinary
March 19, 2008

ROLL CALL

RATIFICATION OF MINUTES

The Minutes from the February 13, 2008 Board meeting are submitted for Board approval, amendment, or correction.

NEW BUSINESS

Nothing scheduled

OLD BUSINESS

1. Benjamin Levine, M.D. 25MA02389700

By way of background, on March 14, 2007 Dr. Levine’s medical license was suspended under the terms of a Final Order because Dr. Levine practiced medicine for years without a license and the required malpractice insurance. Additionally, Dr. Levine failed to reveal on his malpractice insurance application that he was the subject of two criminal indictments, even though the application requested the disclosure of any pending criminal charges. Dr. Levine appealed the Board’s decision, but on March 7, 2008 the Appellate Division affirmed the Board’s Final Order.

On February 22, 2008 Dr. Levine requested reinstatement of his medical licensee since he has not practiced medicine for over 2 years and requested the Board grant him credit for "time served". On March 10, 2008 the Attorney General opposed the request.

OPEN DISCIPLINARY

***SUPPLEMENTAL AGENDA***

I/M/O/ DAVID WEISS D.O.

This matter is at the Office of Administrative Law. Counsel for Dr. Weiss has written to the Board office seeking an appeal of an Order of the Honorable Solomon Metzger A.L.J., dated February 26, 2008 which denied respondent’s motion for leave to conduct depositions of the two expert witness identified by the State. DAG Gelber has responded and requests that the Board uphold the Judge’s Order. Relevant materials are attached.


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