MATTER OF McBARNETTE v. SOBOL


83 N.Y.2d 333 (1994)

632 N.E.2d 866

610 N.Y.S.2d 460

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.

Court of Appeals of the State of New York.

Decided March 24, 1994.


Attorney(s) appearing for the Case

Joseph C. Bierman, Albany, and Peter J. Millock for appellant.

Megan Lesser Levine, Albany, and Kathy A. Ahearn for Thomas Sobol and another, respondents.

Halperin Klein & Halperin, New York City (Guy S. Halperin and Jerome R. Halperin of counsel), for Gilbert K. Seligman, respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and CIPARICK concur; Judges TITONE and LEVINE taking no part.


SMITH, J.

The issue here is whether the mandate of Public Health Law § 230 (11) (a) that written misconduct complaints against physicians remain confidential bars disclosure of the complaints for purposes of cross-examination where the complainants have testified against the physician in a disciplinary proceeding involving alleged sexual misconduct. Under the circumstances presented in this proceeding, where...

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