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DIBBLE v. CONSOLIDATED RAIL CORPORATION

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 13, 1992

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The order is modified by deleting the provision granting third-party defendant's motion to compel plaintiff to provide authorization for all of plaintiff's workers' compensation records and medical records. The CPLR does not contain any provision that would allow third-party defendant to obtain authorization from plaintiff to allow it access to plaintiff's workers' compensation records (see, CPLR 3102 [a]; see also, Hinrichs v Tonnssen, 128 Misc.2d 196; Bennett v Martoche, 123 Misc.2d 874, 876).