Judge dismisses charges against gynecologist(adapted from The Times Herald Record, 08/23/02) By Timothy O'Connor Goshen – A county court judge has dismissed all charges against a New Windsor gynecologist accused of practicing medicine without a license. Dr. Paul Mayer, 53, of Dogwood Lane, Newburgh, was charged in February by an Orange County grand jury with unauthorized practice of medicine and insurance fraud, felonies, and petty larceny, a misdemeanor. The state's Board for Professional Conduct revoked Mayer's license in September 2000 citing "gross negligence" in Mayer's handling of at least two patients' cases. In one instance, the doctor was found to have performed an abortion on a woman who was 29 weeks pregnant. That touched off a running court battle of rulings and appeals as Mayer's license went from revoked to re-instated, and back again. Currently, Mayer's license is active. The state's Court of Appeals is set to hear the case. Orange County Court Judge Nicholas DeRosa dismissed the criminal charges against Mayer and Dr. Lynn DiCostanzo, who was charged with aiding Mayer. DiCostanzo's license has always been in good standing. DeRosa ruled that at the time Mayer was accused of unlicensed practice, his license had, in fact, been re-instated. "The crimes with which the defendant was charged were ... legally impossible." Mayer expressed relief at the judge's decision but said the charges have done irreparable harm to him and his practice. His lawyer, Benjamin Ostrer of Chester, has advised him not to practice medicine until the entire matter is resolved. If that day ever comes, Mayer said, "it will take me 10 years to rebuild my practice." District Attorney Francis D. Phillips II said his office intends to appeal DeRosa's decision. "The facts of the case should be determined by a jury," he said. Ostrer said the judge made the right call. "It's obvious to me," he said, "that Mr. Phillips hasn't read Judge DeRosa's well-reasoned decision."
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