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ANONYMOUS v. MED. CONDUCT BD.

309 A.D.2d 44 (2003)

764 N.Y.S.2d 247

ANONYMOUS, Appellant, v. BUREAU OF PROFESSIONAL MEDICAL CONDUCT et al., Respondents.

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

September 11, 2003.

Attorney(s) appearing for the Case

Charles A. Singer for appellant.

James M. Hershler of counsel (Marion R. Buchbinder on the brief; Eliot Spitzer, Attorney General, attorney), for respondents.

TOM, J.P., SAXE and LERNER, JJ., concur with MARLOW, J.; WILLIAMS, J., concurs in a separate opinion.

OPINION OF THE COURT

MARLOW, J.

The issue on this appeal is whether physicians, who have a long-standing right to confidentiality during a medical disciplinary proceeding—in order to assure, inter alia, that unfounded accusations do not jeopardize their reputation—lose the right to that confidentiality after the proceeding concludes with a determination favorable to them.

Petitioner is a general practitioner licensed to practice medicine...

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