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MATTER OF KURIANSKY v. PATEL

144 Misc.2d 59 (1989)

In the Matter of Edward J. Kuriansky, as Deputy Attorney-General for Medicaid Fraud Control, Petitioner, v. Bhupendra Patel, Respondent.

Supreme Court, Bronx County.

March 22, 1989

Attorney(s) appearing for the Case

Michael R. Berlowitz, Special Assistant Attorney-General, for petitioner. Solomon H. Kaplan for respondent.

ROBERT G. SEEWALD, J.

Can a prosecutor properly issue, sua sponte, a Grand Jury subpoena duces tecum, requiring the recipient to produce the demanded records to the Grand Jury, on pain of criminal contempt of court, when in fact no Grand Jury proceeding exists?

The Office of the Deputy Attorney-General for Medicaid Fraud Control (hereinafter referred to as the Attorney-General) asserts that a...

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