MOHR v. HILLSIDE CHILDREN'S CENTER

The records being sought by plaintiff are protected by the physician-patient privilege. Although plaintiff is entitled to any non-medical information contained in the records, the Supreme Court has already conducted an in camera review of the documents and determined that they relate to diagnosis, care, treatment, therapeutic programs and prognosis (see Sohan v. Long Island College Hospital, 282 A.D.2d 597; Mental Hygiene Law § 33.13[c][1]), and are therefore privileged. Defendant Reznikov, the person whose records are being sought, has not placed his medical or psychiatric condition in controversy and there is no basis for a finding that he has waived his privilege (see Lopez v. Oquendo, 262 A.D.2d 24).

Plaintiff's claim for relief concerning a portion of the court's order from which plaintiff did not appeal is not properly before this Court (Jaffe v. Gordon, 240 A.D.2d 232). We have considered and rejected plaintiff's remaining contentions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.