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MATTER OF PLATER v. CORTLAND MEMORIAL HOSPITAL

256 A.D.2d 678 (1998)

681 N.Y.S.2d 139

In the Matter of JOSEPH W. PLATER, Appellant, v. CORTLAND MEMORIAL HOSPITAL, Respondent.

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

Decided December 3, 1998.

Petitioner, acting pro se, brought a motion before Supreme Court pursuant to CPLR 2302 (b) seeking the issuance of a subpoena duces tecum directing respondent to produce certain medical records pertaining to two witnesses who testified against him at his criminal trial. Petitioner sought this information in connection with a contemplated CPL 440.10 motion. Supreme Court denied the motion and we affirm. Generally speaking, "[a] judicial subpoena is not issued in the...

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