MATTER OF GRAND JURY PROCEEDING (DOE)


56 N.Y.2d 348 (1982)

In the Matter of an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings. John Doe (Anonymous Name for Petitioners), Appellants; The People of the State of New York, Respondent. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided June 17, 1982.


Attorney(s) appearing for the Case

Charles G. Moerdler, Bruce H. Schneider and Amy S. Klein for appellants.

Edward J. Kuriansky, Deputy Attorney-General (Arthur G. Weinstein and Jon M. Bevilacqua of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur.


GABRIELLI, J.

We hold today that a hospital being investigated by a Grand Jury in connection with possible crimes committed against its patients by the hospital staff may not successfully assert the physician-patient (CPLR 4504) or social worker-client (CPLR 4508) privileges, or the patient's right to privacy, in opposition to a Grand Jury subpoena calling for the hospital's records. Additionally, the conditional...

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