John P. v. Whalen

Appellate Division of the Supreme Court of New York

John P. v. Whalen

75 A.D.2d 1021

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 1980

StatusPublished

Cited by1 cases

This text of 75 A.D.2d 1021 (John P. v. Whalen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John P. v. Whalen, 75 A.D.2d 1021 (N.Y. Ct. App. 1980).

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Opinion

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: In proceedings arising out of charges of professional misconduct petitioner-respondent is not entitled to disclosure under section 87 of the Public Officers Law of statements made by patients treated by him, notes and memoranda made by the investigating committee from interviews with such patients, statements made by other physicians concerning the charges against petitioner-respondent, or medical records pertaining to the treatment of the patients obtained during the course of the committee’s investigation (see Matter of Marshall v State Bd. for Professional Med. Conduct, 73 AD2d 798, mot for lv to app den 49 NY2d 709). (Appeal from judgment of Erie Supreme Court—CPLR art 78.) Present—Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: In proceedings arising out of charges of professional misconduct petitioner-respondent is not entitled to disclosure under section 87 of the Public Officers Law of statements made by patients treated by him, notes and memoranda made by the investigating committee from interviews with such patients, statements made by other physicians concerning the charges against petitioner-respondent, or medical records pertaining to the treatment of the patients obtained during the course of the committee’s investigation (see Matter of Marshall v State Bd. for Professional Med. Conduct, 73 AD2d 798, mot for lv to app den 49 NY2d 709). (Appeal from judgment of Erie Supreme Court—CPLR art 78.) Present—Cardamone, J. P., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Bluebook (online)

75 A.D.2d 1021, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-p-v-whalen-nyappdiv-1980.

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