MATTER OF JAMIE B.


25 Misc.3d 467 (2009)

881 N.Y.S.2d 837

In the Matter of JAMES B. et al., Petitioners, for the Appointment of a Guardian of the Person and Property of JAMIE B., an Alleged Incapacitated Person.

Supreme Court, Delaware County.

Decided May 11, 2009.


Attorney(s) appearing for the Case

Bruce J. McKeegan, Delhi, for Delaware County ARC. Neroni Law Office, Delhi (Tatiana Neroni of counsel), for petitioners.

Larisa Obolensky, Delhi, and Mental Hygiene Legal Service, Binghamton (Richard J. Wenig of counsel), for Jamie B.


OPINION OF THE COURT

EUGENE E. PECKHAM, J.

This is a motion to quash an information subpoena issued by the petitioner pursuant to Mental Hygiene Law § 81.23 in this Mental Hygiene Law article 81 guardianship proceeding. The subpoena was served upon the Delaware County ARC, a chapter of NYSARC, Inc., which has moved to quash on the grounds and to the extent that its records are confidential medical records. This appears to be a case of first impression...

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