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MTR OF MICHAELIS v. GRAZIANO

5 N.Y.3d 317 (2005)

835 N.E.2d 650

801 N.Y.S.2d 790

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

Court of Appeals of the State of New York.

Decided June 30, 2005.

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 (Shaifali Puri, Caitlin Halligan and Daniel Smirlock of counsel), for respondents.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

The central issue on appeal is whether the Office of Professional Medical Conduct (OPMC) was required to issue a subpoena in order to undertake a comprehensive medical review (CMR) of a doctor's records. We conclude that a subpoena was not required.

OPMC, a branch of the Department of Health responsible for investigating and monitoring misconduct, began an investigation...

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