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NYCHHC v. NYS CORRECTION

No. 64.

19 N.Y.3d 239 (2012)

2012 NY Slip Op 3571

In the Matter of NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, v. NEW YORK STATE COMMISSION OF CORRECTION, Appellant.

Court of Appeals of New York.

Decided May 8, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Barbara D. Underwood , Cecelia C. Chang , Benjamin N. Gutman , Matthew W. Grieco and Brian A. Sutherland of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Sharyn Rootenberg , Larry A. Sonnenshein and Wayne A. McNulty of counsel), for respondent.

Legal Aid Society, New York City ( Milton Zelermyer , Steven Banks , John Boston and Sarah Kerr of counsel), and Prisoners' Legal Services, Albany ( Karen Murtagh-Monks of counsel), for Legal Aid Society and another, amici curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

At issue is the enforceability of a subpoena duces tecum issued by respondent New York State Commission of Correction (the Commission) commanding Elmhurst Hospital, a health care facility operated by petitioner New York City Health and Hospitals Corporation (HHC), to produce its records respecting its care and treatment of one Carlos Frazier, who, at the time of his premortem hospitalization at the Elmhurst facility...

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