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New York State Law Digest

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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FEATURED CASE
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.   

Read more here.


The archives of the Law Digest are restricted to NYSBA members only. You will need to log-in to view them. They can be accessed here.

ABOUT THE NEW YORK STATE LAW DIGEST

Virtually all state court practitioners, no matter their particular specialties, have one thing in common: they have to navigate the vagaries of state practice and procedure. 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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The New York State Law Digest  is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 2379-1225 (print) ISSN 0028-7636 (online)