In re J. D.

OPINION OF THE COURT

Martin Evans, J.

In this proceeding by a special guardian seeking the appointment of a conservator under the Mental Hygiene Law, the petitioner seeks to introduce, for the purpose of establishing one of the conditions required by statute to be established as a foundation for the granting of the'petition, certain hospital and medical records pertaining to the respondent. The respondent, represented by a guardian ad litem, objects to the receipt of this evidence claiming the statutory privilege under CPLR 4504 (subd [a]).

The objection is sustained. The only case which appears…