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DOE v. RIBACK

14 Misc.3d 385 (2006)

823 N.Y.S.2d 890

SHAUN DOE and Another, Infants, by Their Parents and Natural Guardians, FRANCES DOE et al., et al., Plaintiffs, v. PHILLIP S. RIBACK, M.D., et al., Defendants. (And 16 Other Actions.)

Supreme Court, Albany County.

November 16, 2006.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany (Pamela A. Nichols of counsel), for plaintiffs.

Napierski, Vandenburgh & Napierski, L.L.P., Albany (Christine M. Napierski of counsel), for Upstate Neurology Consultants, LLP, defendant.

Eliot Spitzer, Attorney General, Albany (Lisa Ullman of counsel), for Office of Professional Medical Conduct.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

Plaintiffs, in actions 2, 4, 5, 6, 9, 10, 11, 16, and 17* seek a subpoena duces tecum requiring the appearance of Robert O'Keefe, medical conduct investigator for the New York State Department of Health (NYSDOH), and for the production of certain records of NYSDOH. The motion is opposed by the Attorney General on behalf of NYSDOH and the Office of Professional Medical Conduct (OPMC...

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