01-2-3326 In the Matter of the Suspension or Revocation of the License of Perera, M.D. , App. Div. (per curiam) (22 pp.) Santusht Perera, M.D., appeals from a decision of the New Jersey Board of Medical Examiners imposing a two-year period of license suspension, and a civil penalty of $30,000. In reaching its decision, the board refused to adopt all of the findings of fact and conclusions contained in the decision of the administrative law judge. The board also did not adopt the ALJ’s recommended penalty and refused to grant an adjournment of Dr. Perera’s mitigation hearing, finding he waved that opportunity, declining to personally participate, or to contact, prepare or present witnesses. Finding the board’s decisions are not arbitrary, capricious, or unreasonable, and that they are adequately supported by the record, the appellate panel affirmed. [Decided April 3, 2009.]
AGENCY & PARTNERSHIP — LAW FIRMS
02-2-3378 Friedman Siegelbaum, L.L.P. v. Pribish , App. Div. (per curiam) (29 pp.) In this action by plaintiff-law firm against a former contract partner, brought after the firm’s dissolution, alleging breach of the covenant of good faith and fair dealing, breach of fiduciary duty, tortious interference with a contractual relationship and conversion regarding the accounts receivable of two clients, the trial court decision in favor of plaintiff and awarding it damages is affirmed. The panel finds that as a contract partner, defendant had a fiduciary duty to wind up partnership affairs on dissolution, which includes collecting on accounts receivable, and that, on the facts here, he did not act in good faith, his behavior was intentional, and plaintiff’s proofs were sufficient to support the finding of conversion. [Decided April 7, 2009.]
