Ordered that the order is reversed, on the law, with costs, and the motion to quash the subpoena duces tecum is granted.
The respondents are not "qualified person[s]" as defined in Public Health Law § 18 (1) (g). Therefore, the appellants are not subject to the limit of $.75 per page imposed by statute ( see, Public Health Law § 18 [e]) on the amount which may be charged to qualified persons in connection with the photocopying of records ( see, Boltja v. Southside Hosp., 186 A.D.2d 774, affg 153 Misc.2d 568, declining to follow Matter of Casillo v. St. John's Episcopal Hosp., 151 Misc.2d 420; see also, Matter of Hernandez v. Lutheran Med. Ctr., 104 A.D.2d 368 [$1 per page reasonable]; Matter of Scott v. State of New York, 186 A.D.2d 571 [$2 per page reasonable]; Hayes v. County of Nassau, 127 A.D.2d 742). Because the appellants are willing to produce the records requested upon payment of the fees which they have established, the subpoena duces tecum is unnecessary.
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.