MTR OF LEVIN v. MURAWSKI


59 N.Y.2d 35 (1983)

In the Matter of Warren M. Levin, Appellant, v. Thaddeus J. Murawski, as Executive Secretary of the State Board for Professional Medical Conduct, Respondent. In the Matter of Edmund J. McGrath, Respondent, v. State Board for Professional Medical Conduct, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1983.


Attorney(s) appearing for the Case

Lorraine Backal for appellant in the first above-entitled proceeding, and Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for appellant in the second above-entitled proceeding.

Robert Abrams, Attorney-General (Alan W. Rubenstein and Peter H. Schiff of counsel), for respondent in the first above-entitled proceeding.

Paul E. Fitzmorris for respondent in the second above-entitled proceeding.

Judges WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge SIMONS dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge JASEN concur.


JONES, J.

To sustain a subpoena issued on behalf of the State Board for Professional Medical Conduct for production of medical records in aid of an investigation of an individual physician when the investigation has been triggered by receipt of a third-party complaint, there must be a minimal threshold showing that the complaint is authentic and that it is of sufficient substance to warrant investigation. No such...

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