Anonymous v. State Department of Health

Appeal from an order of the Supreme Court (Kahn, J.), entered December 14, 1989 in Albany County, which granted petitioner’s motion pursuant to CPLR 2307 for a subpoena duces tecum compelling production of five investigative reports for petitioner’s use in a pending disciplinary proceeding.

This appeal brings up for review the question of whether Supreme Court has authority to issue a subpoena duces tecum pursuant to CPLR 2307 directing production of certain investigative reports in a pending administrative disciplinary proceeding brought under Education Law § 6509 (2) and (9). In our view,…