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MTR OF CAMPERLENGO v. BLUM

56 N.Y.2d 251 (1982)

In the Matter of Henry Camperlengo, Appellant, v. Barbara Blum, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1982.

Attorney(s) appearing for the Case

Dennis B. Schlenker for appellant.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Shirley Adelson Siegel of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

The physician-patient privilege does not absolutely protect a doctor's records of treatment of Medicaid patients from a subpoena of the State Department of Social Services issued in an investigation of billing practices. The order of the Appellate Division, therefore, should be affirmed.

Petitioner is a psychiatrist whose patients include a number of Medicaid recipients. The State Department...

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