Opinion
March 6, 1995
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the appeals from the order dated February 9, 1993, are dismissed, as that order was superseded by the order dated October 29, 1993, made upon reargument; and it is further,
Ordered that the order dated October 29, 1993, is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiff is awarded one bill of costs payable by the defendants appearing separately and filing separate briefs.
The prohibition relating to discovery of testimony offered at peer committee review proceedings "shall not apply to the statements made by any person in attendance at such a meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting" (Education Law § 6527; see also, Carroll v. St. Luke's Hosp., 91 A.D.2d 674; De Paolo v Wisoff, 94 A.D.2d 694). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.