MICHAELIS v. GRAZIANO


14 A.D.3d 180 (2004)

786 N.Y.S.2d 461

JEFFREY H. MICHAELIS, M.D., Appellant v. DENNIS J. GRAZIANO, as Director of the Office of Professional Medical Conduct, et al., Respondents.

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

December 14, 2004.


Attorney(s) appearing for the Case

Rende, Ryan & Downes, LLP, White Plains (Roland T. Koke of counsel), for appellant.

Eliot Spitzer, Attorney General, New York City (Raymond J. Foley and Michelle Aronowitz of counsel), for respondents.

ANDRIAS and SULLIVAN, JJ., concur with FRIEDMAN, J.; BUCKLEY, P.J., and LERNER, J., dissent in a separate opinion by LERNER, J.


OPINION OF THE COURT

FRIEDMAN, J.

Respondent Dennis J. Graziano, Director of the Office of Professional Medical Conduct (OPMC), issued an order directing that a comprehensive medical review (CMR) be conducted of the patient and office records of petitioner, a physician licensed to practice medicine in the State of New York. Petitioner commenced this CPLR article 78 proceeding seeking to prevent the CMR. At issue on this appeal is Supreme Court's order dismissing...

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