Legal Opinion

In re S-88-08-1940A

New York Supreme Court

Decided May 3, 1991Published

1Opinion of the Court

OPINION OF THE COURT

Lawrence E. Kahn, J.

In this proceeding, St. Elizabeth’s Hospital has moved to quash a subpoena directing it to produce certain quality assurance records. The subpoena was issued by the Office of Professional Medical Conduct (OPMC). OPMC is an administrative agency created pursuant to Public Health Law §230 (10) (a), under the jurisdiction of the Commissioner of Health and is charged with investigating complaints of professional misconduct by physicians. The Legislature has provided it with the authority to issue subpoenas (Public Health Law § 230 [10] [k]). Public Health…

2Cases cited5 opinions

  1. Lilly v. TureckiAppellate Division of the Supreme Court of the State of New York · 1985
  2. Albany Medical Center Hospital v. DenisAppellate Division of the Supreme Court of the State of New York · 1990
  3. Lenard v. New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1981
  4. Shankman v. AxelrodNew York Court of Appeals · 1989
  5. Silva v. StateNew York Court of Claims · 1981

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