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MATTER OF McBARNETTE v. SOBOL

190 A.D.2d 229 (1993)

In the Matter of Lorna S. McBarnette, as Acting Commissioner of Health of The State of New York, Appellant, v. Thomas Sobol, as Commissioner of Education of The State of New York, et al., Respondents

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

May 20, 1993

Attorney(s) appearing for the Case

Peter J. Millock, Albany (Joseph C. Bierman of counsel), for appellant.

Lizette A. Cantres, Albany (Megan Lesser Levine of counsel), for Thomas Sobol, respondent.

Halperin, Klein & Halperin, New York City (Jerome R. Halperin and Guy S. Halperin of counsel), for John Doe, respondent.

MIKOLL, J. P., MERCURE and CREW III, JJ., concur.

YESAWICH JR., J.

A licensed psychiatrist (hereinafter respondent) was charged with misconduct stemming from alleged sexual abuse of several patients. At his disciplinary hearing respondent sought, for purposes of cross-examination, access to complaints which had been filed with the Office of Professional Medical Conduct by the patients who had testified against him. Maintaining that Public Health Law §...

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