In re Taylor

OPINION OF THE COURT

Joseph S. Levine, J.

The petitioner makes an application for an order pursuant to CPLR 3102 (c) directing the supervisors of medical records at Mount Sinai Hospital and the New York Hospital to appear for a deposition upon oral questions prior to the commencement of suit. The application was made by order to show cause upon proof of service to the two hospitals, neither of which appeared in opposition to the request.

Despite the hospitals’ default, an obstacle exists to the granting of the petitioner’s application. The papers submitted in support of the motion do not include…