Opinion
March 31, 1999
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Discovery.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted the motion of plaintiffs to compel a nurse employed by defendant, Children's Hospital of Buffalo (Hospital), to appear for a further depositiion and to testify concerning conversations she had with her nurse manager and charge nurse concerning an incident at the Hospital involving plaintiffs' daughter. The Hospital failed to establish that the conversations were entitled to the exemption from disclosure provided in Public Health Law § 2805-m and Education Law § 6527(3). The evidence submitted by the Hospital did not demonstrate that the conversations were held within the confines of its formal quality review procedure (see, Crea v. Newfane Inter-Community Mem. Hosp., 224 A.D.2d 976, 977; see also, Loose v. Penfield Volunteer Emergency Ambulance Serv., 222 A.D.2d 1080). The Hospital's reliance on Logue v. Velez ( 92 N.Y.2d 13) is misplaced. In that case, plaintiffs sought disclosure of a physician's application for privileges, which was submitted to the defendant hospital pursuant to Public Health Law § 2805-k(1).
Present — Lawton, J. P., Hayes, Wisner, Pigott, Jr., and Callahan, JJ.