BENNETT v. Brunswick Hospital Center, Inc., respondent.

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Supreme Court, Appellate Division, Second Department, New York.

Robert BENNETT, et al., appellants, v. Elena STYBEL, et al., defendants, Brunswick Hospital Center, Inc., respondent.

Decided: February 24, 2009

REINALDO E. RIVERA, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON, and CHERYL E. CHAMBERS, JJ. Seidner, Rosenfeld & Guttentag, LLP, Babylon, N.Y. (Larry Rosenfeld of counsel), for appellants. Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (Michael G. Kruzynski of counsel), for respondent.

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 5, 2008, which denied that branch of their motion pursuant to CPLR 3126 which was to compel disclosure of all incident reports prepared by the defendant Brunswick Hospital Center, Inc., relating to the incident in issue which occurred on August 28, 2004, and granted the cross motion of the defendant Brunswick Hospital Center, Inc., for a protective order.

ORDERED that the order is affirmed, with costs.

The documents in question are privileged pursuant to Public Health Law §§ 2805-j and 2805-m (see Klingner v. Mashioff, 50 A.D.3d 746, 855 N.Y.S.2d 628;  see also Logue v. Velez, 92 N.Y.2d 13, 17-18, 677 N.Y.S.2d 6, 699 N.E.2d 365;  LaPierre v. Jewish Bd. of Family & Children Servs., Inc., 47 A.D.3d 896, 850 N.Y.S.2d 595).   Accordingly, the Supreme Court properly denied that branch of the plaintiffs' motion pursuant to CPLR 3126 which was to compel disclosure of the subject documents, and properly granted the cross motion of the defendant Brunswick Hospital Center, Inc., for a protective order.

The plaintiffs' remaining contention is without merit.

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