At issue here is a decision to temporarily revoke petitioner's general pediatrics certification. Whether a private association's determination of an individual's eligibility for membership is subject to judicial review is contingent upon a showing of economic necessity for membership and monopoly power over the profession. Here, petitioner failed to adequately allege either element. Accordingly, the petition does not sufficiently allege that respondent's determination temporarily revoking petitioner's certification constitutes state action. The cause of action alleging a violation of the right to due process is dismissed.
Matter of Wildfeuer v. American Bd. of Pediatrics, Inc., NY Slip Op 06144 (1st Dep't December 5, 2024)
