Actually, to legally rehab any migratory bird species (which basically means any species other than pigeons, sparrows, and starlings), you need a federal permit, not just a NYS license. The requirements for obtaining a federal permit are much more stringent than that for the state one:
http://www.fws.gov/forms/3-200-10b.pdf
Tony, if the bird can fly now, I'm not sure why it would have to be euthanized immediately. The question in my mind is whether he can fly vertically as well as horizontally.
From what I know about Dr. Pesek, she goes out of her way to save each bird. She cares for and provides sanctuary for many different species, and I doubt she would euthanize a bird who couldn't fly.
Jennifer