Silva v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

The question presented is whether “mortality and committee reports” are privileged from disclosure under subdivision 3 of section 6527 of the Education Law.

This is a claim for wrongful death predicated upon medical malpractice in the performance of open heart surgery at Downstate Medical Center. The defendant has moved for a protective order, with respect to claimant’s notice for discovery and inspection which demands, inter alia, production of mortality and committee reports.* Subdivision 3 of section 6527 of the Education Law provides in substance…