Legal Opinion
In re Subpoena Duces Tecum Dated April 25, 2001
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2002PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
SCUDDER, J.
Petitioner moved to quash portions of subpoenas duces tecum issued by respondent in its ongoing grand jury investigation of health care services provided by three nursing home facilities. Petitioner contends that the privilege afforded quality assurance records pursuant to Public Health Law § 2805-m (1) and (2), Education Law § 6527 (3) and 42 USC § 1395Í-3 (b) (1) (B) applies to the subpoenaed records at issue. For the reasons that follow, we conclude that the subpoenaed records are not privileged and that the order denying petitioner’s motion to quash portions…
2Cases cited4 opinions
- State Ex Rel. Boone Retirement Center, Inc. v. HamiltonSupreme Court of Missouri · 1997
- In re Grand Jury Subpoena Duces TecumAppellate Division of the Supreme Court of the State of New York · 2000
- In re Quash a Grand Jury SubpoenaAppellate Division of the Supreme Court of the State of New York · 1997
- Hale v. Odd Fellow & Rebekah Health Care FacilityNew York Supreme Court · 2001
3Cited by4 opinions
- Bielewicz v. Maplewood Nursing Home, Inc.New York Supreme Court · 2004
- Mental Hygiene Legal Service v. MaulAppellate Division of the Supreme Court of the State of New York · 2007
- Civil Service Employees Ass'n v. State of New York Public Employment Relations BoardNew York Supreme Court · 2006
- Bielewicz v. Maplewood Nursing Home, Inc.New York Supreme Court, Monroe County · 2004