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MATTER OF SHANKMAN v. AXELROD

73 N.Y.2d 203 (1989)

In the Matter of Gregory B. Shankman, Respondent, v. David Axelrod, as Commissioner of the New York State Department of Health, Appellant.

Court of Appeals of the State of New York.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.

Dean L. Gordon for respondent.

Thomas G. Rohback and Donald Moy for The Medical Society of the State of New York, amicus curiae.

Martin Schaum for New York State Society of Orthopedic Surgeons, Inc., amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

The issue in this appeal is whether the Office of Professional Medical Conduct (OPMC), an investigative branch of the State Department of Health (DOH), has implied power to obtain an ex parte "inspection" warrant for the sole purpose of seizing a physician's patient records during a targeted investigation of professional misconduct. We conclude that such implied power does not exist under the current...

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