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VIGILANTE v. GHETTO KIDS, INC

Appellate Division of the Supreme Court of New York, Second Department.
Apr 23, 2001

Gowan, J.

Ordered that the order is affirmed, with costs.

The burden of establishing that disputed material is exempt from disclosure is on the party opposing discovery ( see, Kellner v General Motors Corp., 273 A.D.2d 444). The appellants failed to meet their burden of establishing that the entry in the office chart maintained by Dr. S. Scheman that they sought to shield from disclosure was statutorily exempt from disclosure pursuant to Education Law ยง 6527 (3) because it concerned the performance of a medical review function.