James Carroll v. St. Lukes Hospital Newburgh Et Al‪.‬

In an action upon the theories of negligence and medical malpractice to recover damages for wrongful death, etc., plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Orange County (Isseks, J.), dated April 21, 1982, as denied his motion for an order directing defendant St. Lukes Hospital of Newburgh "to produce for discovery, inspection and copying a complete transcript of any Peer Committee Review proceedings which considered the care and treatment" given to the plaintiffs decedent, and granted the cross motion of the defendant hospital for a protective order vacating that portion of plaintiffs notice for discovery and inspection dated October 6, 1981, as sought discovery of such transcript. Order modified so as to provide that plaintiffs motion is granted to the extent that defendant St. Lukes Hospital of Newburgh is directed to produce before the Justice presiding at Special Term, Supreme Court, Orange County, the complete transcript of any peer committee review proceeding which was held to consider the care and treatment given the plaintiffs decedent, and/or the synopsis of the proceedings thereat, for in camera inspection by the court, and that the cross motion of the defendant hospital is denied with respect to any material in said transcript and/or synopsis which is not exempted from disclosure by subdivision 3 of section 6527 of the Education Law, namely, any statements contained therein made by individual party defendants regarding [91 A.D.2d 674 Page 675]