| Braun v Kaleida Health Sys. |
| 2005 NY Slip Op 08538 [23 AD3d 1162] |
| Decided on November 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on November 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: KEHOE, J.P., MARTOCHE, PINE, LAWTON, AND HAYES, JJ.
1357 CA 05-01031
[*1]LISA M. BRAUN, IN HER INDIVIDUAL CAPACITY AND AS EXECUTRIX OF THE ESTATE OF CLARENCE W. BRAUN, DECEASED, FOR AND ON BEHALF OF LISA M. BRAUN, JAMES C. BRAUN AND KEITH H.L. BRAUN, AS DISTRIBUTEES OF DECEDENT, CLARENCE W. BRAUN, PLAINTIFF-RESPONDENT, ORDER
v
KALEIDA HEALTH SYSTEMS, DOING BUSINESS AS MILLARD FILLMORE GATES HOSPITAL, ANN LILLIS, N.P., DEPARTMENT OF VASCULAR SURGERY MILLARD FILLMORE GATES HOSPITAL, DEFENDANTS-APPELLANTS, NORTHTOWNS ORTHOPEDICS, P.C., PAUL H. WIERZBIENIEC, M.D., MARK PIERINO, RPA-C, NEPHROLOGY ASSOCIATES, ALAN KURITZKY, M.D., THEODORE HERMAN, M.D., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.
Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered July 22, 2004 in a medical malpractice and wrongful death action. The order, insofar as appealed from, granted an in camera review of certain quality assurance materials of defendant Kaleida Health Systems, doing business as Millard Fillmore Gates Hospital, and directed disclosure of portions of the peer review minutes of a quality assurance meeting that were not statements of a party to the action.
GIBSON, MC ASKILL & CROSBY, LLP, BUFFALO (KATHLEEN M. SWEET OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
AGATE & ROSCHE, SNYDER (JOHN T. AGATE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 10, 2005
JoAnn M. Wahl
Clerk of the Court