A state medical board's decision to revoke a psychiatrist's medical license and to impose a fine for, among other things, engaging in a sexual relationship with a patient was not disproportionate or shockingly unfair. Accordingly, a New York appellate court confirmed the punishment imposed against the psychiatrist.

Gerard Sunnen, a psychiatrist, engaged in sexual relations with two patients, telling one of them that it was an enhancement of her therapy. He also improperly prescribed drugs to the two patients over a period of years despite signs of addiction, encouraged them to drink alcohol, and failed to keep proper records. A Hearing Committee of the State Board of Medical Conduct sustained four specifications of misconduct against Sunnen and revoked his medical license. On appeal, not only did the Administrative Review Board for Professional Medical Conduct sustain the findings of the hearing committee, but it found Sunnen guilty of two additional specifications, affirmed the revocation of his license, and fined him $20,000. Sunnen petitioned the appellate court to review the Board's determination.

The court confirmed the Board's decision and dismissed the petition. The court first rejected arguments raised by Sunnen that a Board member was biased and that his due process rights were violated by a denial of a request for an adjournment, in both cases finding that Sunnen did not produce evidence to support his contentions. The court then considered the evidence of Sunnen's conduct toward the two patients and held that his punishment was not "disproportionate to the offenses or shocking to one's sense of fairness."