Summary
approving $25 flat fee and $2 per-page fee
Summary of this case from Ruzhinskaya v. Healthport Techs., LLCOpinion
October 5, 1992
Appeal from the Court of Claims (Blinder, J.).
Ordered that the order is affirmed, with costs.
In conjunction with his application for leave to serve a late claim pursuant to Court of Claims Act § 10 (6), the claimant's counsel alleged that the State had not responded to several of his requests for the decedent's hospital records which made it "difficult for any kind of determination with regard to the merits of an action". However, after several adjournments, the State did advise the claimant by letter dated September 15, 1989, that the pertinent records could be copied at a charge of $2 per page plus a $25 processing fee. These charges were "reasonable" under Public Health Law former § 17 (see, Matter of Hernandez v Lutheran Med. Ctr., 104 A.D.2d 368; Matter of Scipione v Long Is. Jewish-Hillside Med. Ctr., 118 Misc.2d 324, 325; Matter of Kaplan v North Shore Univ. Hosp., 117 Misc.2d 734, 735). Since the claimant failed to respond to the State's letter dated September 15, 1989, the Court of Claims properly treated the application as abandoned. Mangano, P.J., Harwood, Miller and Santucci, JJ., concur.