73 A.D.2d 798 | N.Y. App. Div. | 1979
Judgment unanimously affirmed, without costs. Memorandum: Appellant is a physician licensed to practice medicine in the State of New York and specializing in psychiatry. By notice dated March 20, 1978, appellant was served with a notice of hearing and a statement of charges charging him with misconduct. He thereupon initiated these two proceedings, consolidated for purposes of this appeal. The first proceeding is under article 78 against the State Board seeking prehearing disclosure pursuant to CPLR article 31. We have recently held in a similar appeal that a party is not entitled to such disclosure (see Matter of Whalen v John P., 72 AD2d 961). The second proceeding is against the Commissioner of Health, various records access officers and the Attorney-General. It seeks disclosure pursuant to article 6 of the Public Officers Law, the Freedom of Information Law. The items sought are: (1) statements of complaining witnesses, (2) names and addresses of witnesses, lay and expert, (3) a copy of the report of the screening committee that gave rise to the charges, and (4) access to any other information which would not interfere with the proceedings or investigation. The items are not subject to