Duzon v. State

*87OPINION OF THE COURT

Gerard M. Weisberg, J.

By an order to show cause dated January 7, 1992, claimant, Robert Duzon, sought an order compelling the defendant, State of New York, to produce various items for disclosure. The State in addition to opposing the motion has cross-moved for a protective order asserting privileges under the Mental Hygiene Law and the Education Law.

In the papers, it is alleged that claimant, a profoundly retarded adult, was residing in Manhattan Developmental Center (MDC), a facility of the State, when he was severely burned by a fellow patient who set fire to claimant’s…