Opinion
3950N.
Decided June 17, 2004.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 23, 2003, which, in a putative class action involving defendants' alleged overcharges for copies of medical records, upon this Court's order reversing an order that certified plaintiffs as a class and appointed a Special Referee to supervise disclosure ( 304 A.D.2d 470), terminated the reference, unanimously affirmed, without costs.
Herzfeld Rubin, P.C., New York (Herbert Rubin of counsel), for appellants.
Garfunkel, Wild Travis, P.C., Great Neck (Leonard M. Rosenberg of counsel), for Staten Island Hospital, Brunswick Hospital Center and Memorial Sloan-Kettering Cancer Center, respondents.
Ledy-Gurren Blumenstock, L.L.P., New York (Nancy Ledy-Gurren of counsel), for New York Hospital and Columbia Presbyterian Hospital, respondents.
Wuersch Gering LLP, New York (Samuel D. Levy of counsel), for HCC Health Information Management Services, respondent.
Weiss, Zarett Hirshfeld, P.C., New Hyde Park (David A. Zarett of counsel), and Proskauer Rose LLP, New York (Barry E. Warner of counsel), for Copy Right, Inc., respondent.
The court properly terminated the reference to supervise disclosure on the ground that this Court's reversal of the class certification order eliminated any need for class-related disclosure and thus any need for supervision. The motion court correctly interpreted such reversal to be without leave to seek a recertification of the class upon completion of additional disclosure ( compare e.g. Brandon v. Chefetz, 106 A.D.2d 162, 171-172, and Katz v. NVF Co., 100 A.D.2d 470, 476, with e.g. Hazelhurst v. Brita Prods. Co., 295 A.D.2d 240, 240-241, 243). We have considered and rejected plaintiffs' other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.