Vigilante v. Ghetto Kids, Inc.

Full title: JOHN VIGILANTE, Respondent, v. GHETTO KIDS, INC., Doing Business as BOARDY…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 23, 2001

282 A.D.2d 672 (N.Y. App. Div. 2001)

723 N.Y.S.2d 689

Opinion

April 23, 2001.

In an action, inter alia, to recover damages for medical malpractice, the defendants Episcopal Health Service, Inc., and "Dr. S. Scheman" appeal from an order of the Supreme Court, Suffolk County (Gowan, J.), dated June 19, 2000, which denied their motion for a protective order.

Before: O'Brien, J.P., Krausman, Goldstein, Schmidt and Crane, JJ., concur.

Gowan, J.

Ordered that the order is affirmed, with costs.

The burden of establishing that disputed material is exempt from disclosure is on the party opposing discovery ( see, Kellner v General Motors Corp., 273 A.D.2d 444). The appellants failed to meet their burden of establishing that the entry in the office chart maintained by Dr. S. Scheman that they sought to shield from disclosure was statutorily exempt from disclosure pursuant to Education Law § 6527 (3) because it concerned the performance of a medical review function.