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HALPER v. STATE BD. FOR PROF'L MED. CONDUCT

151 A.D.2d 643 (1989)

Herbert L. Halper, Appellant, v. State Board for Professional Medical Conduct, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1989

Ordered that the order is affirmed, with costs, and the petitioner's time to comply with the subpoena is extended until 10 days after service upon him of a copy of this decision and order, with notice of entry.

Where the confidential nature of an investigation can be demonstrated, as in this case, the Supreme Court has the discretionary authority to determine the validity of a subpoena on the basis of in camera submissions...

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