05-11-09 NJ CURE v. THE ESTATE OF ROBERT HAMILTON and ALBERT
DENEVE, M.D.
A-0964-08T3
Albert DeNeve, M.D., appealed an order, entered pursuant to
Rule 1:10-3, sanctioning him for failure to supply the medical
records of a patient in connection with a Personal Injury
Protection (PIP) arbitration to which DeNeve was not a party.
We vacated the sanction order because DeNeve was not properly
served with the order to show cause and verified complaint that
gave rise to the sanctioning order. In addition, he was never
properly served with the underlying document subpoena. We
reiterate that a document subpoena to a non-party must be served
as required by Rule 1:9-3, unless accepts and complies with mail service.
