The IAS Court correctly noted that the petition is barred by the application of the doctrine of res judicata, insofar as it sought to annul the agency's determination upon the ground that petitioner was not required to produce patient records pursuant to Public Health Law § 3370 (2), absent service of a subpoena by respondent. Petitioner had a full and fair opportunity to litigate that issue in his prior CPLR article 78 proceeding where the issue was clearly decided...
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