Legal Opinion
Michaelis, M.D. v. Graziano
New York Court of Appeals
Decided June 30, 2005PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
G.B. Smith, J.
The central issue on appeal is whether the Office of Professional Medical Conduct (OPMC) was required to issue a subpoena in order to undertake a comprehensive medical review (CMR) of a doctor’s records. We conclude that a subpoena was not required.
OPMC, a branch of the Department of Health responsible for investigating and monitoring misconduct, began an investigation of petitioner, Dr. Jeffrey Michaelis, pursuant to Public Health Law § 230 on October 19, 2001, after receiving a complaint regarding petitioner’s care of a patient. On October 31, OPMC notified…
2Cases cited2 opinions
- Levin v. MurawskiNew York Court of Appeals · 1983
- Shankman v. AxelrodNew York Court of Appeals · 1989
3Cited by4 opinions
- Matter of Volpe v. New York City Dept. of Bldgs.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Volpe v. New York City Dept. of Bldgs.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of Frid v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Horowitz v. ZuckerAppellate Division of the Supreme Court of the State of New York · 2019