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MATTER OF DOE

293 A.D.2d 231 (2002)

742 N.Y.S.2d 465

In the Matter of SUBPOENA DUCES TECUM DATED APRIL 25, 2001 AND FOUR OTHER SUBPOENAS DUCES TECUM. JANE DOE, Appellant; NEW YORK STATE ATTORNEY GENERAL, MEDICAID FRAUD CONTROL UNIT, Respondent.

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

May 3, 2002.

Attorney(s) appearing for the Case

Connors & Vilardo, LLP, Buffalo (Lawrence J. Vilardo of counsel), for appellant.

Eliot Spitzer, Attorney General, Albany (Deborah F. Nathan of counsel), for respondent.

O'Connell & Aronowitz, Albany (James A. Shannon of counsel), for New York State Health Facilities Association, amicus curiae.

PINE, J.P., WISNER, GORSKI and LAWTON, JJ., concur.

OPINION OF THE COURT

SCUDDER, J.

Petitioner moved to quash portions of subpoenas duces tecum issued by respondent in its ongoing grand jury investigation of health care services provided by three nursing home facilities. Petitioner contends that the privilege afforded quality assurance records pursuant to Public Health Law § 2805-m (1) and (2), Education Law § 6527 (3) and 42 USC § 1395i-3 (b) (1) (B) applies to the subpoenaed records at issue...

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