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ST. ELIZABETH'S HOSP v. BOARD

174 A.D.2d 225 (1992)

In the Matter of St. Elizabeth's Hospital, Respondent, v. State Board of Professional Medical Conduct, Department of Health of the State of New York, Appellant

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

January 23, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Cynthia F. Kruesi and Peter H. Schiff of counsel), for appellant.

Mackenzie, Smith, Lewis, Michell & Hughes (Catherine A. Gale of counsel), for respondent.

Carter, Conboy, Bardwell, Case, Blackmore & Napierski (Susan M. Di Bella of counsel), for Dr. BB., respondent.

Mark Thomas for Hospital Association of New York State, amicus curiae.

MIKOLL, YESAWICH JR., CREW III and CASEY, JJ., concur.

LEVINE, J.

After receiving complaints regarding Dr. BB., a physician licensed to practice medicine in this State, respondent duly issued and served upon petitioner an investigative, office subpoena duces tecum requiring production of all of petitioner's records "relating to quality assurance review of records reflecting care and treatment rendered by [Dr. BB.] to patients at [petitioner hospital]". Petitioner...

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