Opinion
January 31, 1992
Appeal from the Court of Claims, NeMoyer, J.
Present — Denman, P.J., Boomer, Green, Pine and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following Memorandum: In all respects but one, we agree with the Court of Claims' decision and order for reasons stated therein. We modify only with respect to claimant's disclosure requests numbers 15 and 16. Respondent must provide claimant with redacted transcripts of interviews of the 57 children and unredacted transcripts of interviews with the staff. Those interviews were conducted by the State of New York Commission on Quality Care for the Mentally Disabled in investigating incidents of child abuse and neglect allegedly occurring at the Western New York Children's Psychiatric Center. Those transcripts are not privileged pursuant to section 6527 (3) of the Education Law because they did not result from an internal medical or quality assurance review proceeding (see, Bush v. Dolan, 149 A.D.2d 799, 800-801; Byork v. Carmer, 109 A.D.2d 1087, 1088).