In re James B.

OPINION OF THE COURT

Eugene E. Peckham, J.

This is a motion to quash an information subpoena issued by the petitioner pursuant to Mental Hygiene Law § 81.23 in this Mental Hygiene Law article 81 guardianship proceeding. The subpoena was served upon the Delaware County ARC, a chapter of NYSARC, Inc., which has moved to quash on the grounds and to the extent that its records are confidential medical records. This appears to be a case of first impression in New York.

ARC is an agency certified by the New York State Office of Mental Retardation and Developmental Disabilities. As such ARC is required…