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MATTER OF DANIELS v. NOVELLO

306 A.D.2d 644 (2003)

762 N.Y.S.2d 141

In the Matter of JENNIFER DANIELS, Petitioner, v. ANTONIA C. NOVELLO, as Commissioner of Health of the State of New York, et al., Respondents.

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

Decided June 12, 2003.

Rose, J.

In the course of investigating a complaint against petitioner, a physician licensed to practice medicine in New York, the Director of the Office of Professional Medical Conduct (hereinafter OPMC) ordered a comprehensive medical review (hereinafter CMR) of petitioner's patient and office records pursuant to Public Health Law § 230 (10) (a) (iv). Petitioner refused to comply with the order, and ultimately commenced a CPLR article 78 proceeding seeking...

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