Opinion
June 19, 1989
Appeal from the Supreme Court, Kings County (Williams, J.).
Ordered that the order is affirmed, with costs, and the petitioner's time to comply with the subpoena is extended until 10 days after service upon him of a copy of this decision and order, with notice of entry.
Where the confidential nature of an investigation can be demonstrated, as in this case, the Supreme Court has the discretionary authority to determine the validity of a subpoena on the basis of in camera submissions (see, Matter of Levin v Murawski, 59 N.Y.2d 35, 42, n 4; Matter of Levin v. Guest, 112 A.D.2d 830, 832; see also, Early v. County of Nassau, 98 A.D.2d 789). In this case, the respondent's investigation into possible professional medical misconduct required confidentiality (see, Public Health Law § 230). Consequently, the in camera procedure employed by the court was proper.
Furthermore, the respondent's in camera submissions sufficiently established the relevancy of all the records requested. Mollen, P.J., Mangano, Kooper and Spatt, JJ., concur.