In re the Judicial Inquiry Pursuant to the Order of Appellate Division of Supreme Court

Petitioner, who is a doctor of medicine, moves to vacate an oral direction requiring him to produce his physician’s records concerning certain designated persons. The basis of the motion is that the production of such records would disclose confidential information relating to the diagnoses, care and treatment of such persons as patients of the petitioner.

This objection is premature at this junction of the testimony. Although section 352 of the Civil Practice Act prohibits the disclosure of ‘ ‘ any information which he acquired in attending a patient in a professional capacity, and which was…