The New York State Law Digest publishes significant procedural developments, whether they come from important decisions of the Court of Appeals or other New York state (or federal) courts, statutory or rule amendments or particular local practice issues. The Law Digest keeps NYSBA members updated on issues that impact their everyday practices of law. Edited by David L. Ferstendig, the Law Digest is published monthly and distributed to members free of charge, as a benefit of membership.
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Investigatory Subpoena Duces Tecum Served by Comptroller Did Not Require
Text and Legislative History for CPLR 3122(a)(2) Supports Court's Conclusion That Such a Requirement Only Applies to Subpoenas Served During an Action
The question in Matter of Plastic Surgery Group, P.C. v. Comptroller of the State of N.Y., 2019 N.Y. Slip Op. 08979 (December 17, 2019), was whether an investigatory subpoena duces tecum served by the Comptroller of the State of New York ("the Comptroller") seeking a patient's records had to to be accompanied by a written patient authorization. A unanimous Court of Appeals ruled that it did not.
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