RUSSELL v. TEJADA


4 A.D.3d 661 (2004)

771 N.Y.S.2d 747

DONNA RUSSELL, Individually and as Parent and Guardian of TAUDRIANNA GATON, an Infant, Respondent, v. CARLOS T. TEJADA et al., Defendants. NEW YORK STATE DEPARTMENT OF HEALTH, Appellant.

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

February 19, 2004.


Crew III, J.

During the course of the underlying medical malpractice action, Supreme Court issued a subpoena duces tecum directing the Department of Health to produce records maintained by the Office of Professional Medical Conduct relating to defendant Carlos T. Tejada. Upon being advised at trial that the Department had only partially complied with its order, Supreme Court issued an order requiring the Department to produce its entire file on December 11, 2002....

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