Matter of The Plastic Surgery Group, P.C. v. Comptroller of The State of New York

Appeal from an order of the Supreme Court (Ryba, J.), entered July 11, 2016, in Albany County, which granted petitioner’s application pursuant to CPLR 2304 to quash a subpoena duces tecum and denied respondent’s cross motion to compel compliance.

In February 2016, respondent commenced an audit of health insurance claims paid to petitioner by United Health Care to determine if United had overpaid petitioner for claims submitted between 2011 and 2015. Petitioner failed to respond to or comply with respondent’s requests to review a random sample of its records related to such claims. Thereafter,…