IN RE: Robert BURNS (1999)

Appeal from a judgment of the Supreme Court (Teresi, J.), entered May 29, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner's motion to quash three subpoenas duces tecum.

Petitioner is a police officer employed by respondent Town of Clarkstown in Rockland County.   Disabled as a result of a work-related injury in May 1993, he has received full wages and benefits pursuant to General Municipal Law § 207-c since that time.   In 1996, respondent William J. Collins (the Town's Chief of Police) filed an application pursuant to Retirement and Social Security Law § 363-c (c)(2) seeking petitioner's involuntary retirement from the police force.   Upon petitioner's refusal to execute a consent form for the release of his medical records, respondent Comptroller issued subpoenas for the production of petitioner's medical records from a hospital and two physicians.   Petitioner moved to quash these subpoenas pursuant to CPLR 2304 on the ground that release of his medical records would violate the physician-patient privilege of CPLR 4504.   Supreme Court denied the motion and petitioner appeals.   We affirm.

 Supreme Court properly rejected petitioner's claim that CPLR 4504 protects his medical records from disclosure.   The Comptroller is vested with exclusive authority to determine applications for retirement benefits (see, Retirement and Social Security Law § 374[b] ) and incidental thereto has explicit statutory authority to issue subpoenas for the production of records required for such determinations (see, Retirement and Social Security Law § 374[b][4] ).   To exempt medical records essential to a determination of whether the disability resulted from an in-service injury would vitiate the purpose of Retirement and Social Security Law § 363-c (c)(2), expressly permitting a municipal employer to seek the involuntary retirement of a disabled officer.

 Moreover, by applying for benefits under General Municipal Law § 207-c and contending that his injury was work related, petitioner affirmatively placed his medical condition in issue and effectively waived the physician-patient privilege (see, Matter of Furch v. Bucci, 245 A.D.2d 749, 750, 666 N.Y.S.2d 300, lv. dismissed 91 N.Y.2d 953, 671 N.Y.S.2d 711, 694 N.E.2d 880).

ORDERED that the judgment is affirmed, without costs.

MIKOLL, J.P.

CREW III, YESAWICH Jr., PETERS and CARPINELLO, JJ., concur.