Fox v. Marshall

• Decision Date: 17 January 2012
• Citation: Fox v. Marshall, 91 A.D.3d 710, 936 N.Y.S.2d 307, 2012 N.Y. Slip Op. 328 (N.Y. App. Div. 2012)
• Parties: Jay H. FOX, etc., et al., respondents, v. Evan MARSHALL, et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 00328

91 A.D.3d 710

936 N.Y.S.2d 307

Jay H. FOX, etc., et al., respondents,

v.Evan MARSHALL, et al., appellants, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 17, 2012.

Joseph Ferrante, Hauppauge, N.Y., for appellant Evan Marshall.

Landman Corsi Ballaine & Ford, P.C., New York, N.Y. (William G. Ballaine, Ronald E. Joseph, and William Miller of counsel), for appellants SLS Residential, Inc., SLS Health, Inc., SLS Wellness, Inc., Supervised Lifestyles, Inc., Joseph Santoro, Alfred Bergman, Shawn Prichard, Lauren Miller, Kendra Kohut, and Betsey Bergman.

Marcus, Ollman & Kommer, LLP, New Rochelle, N.Y. (Jonathan S. Klein of counsel), for appellants SDL Case Management, Inc., SDL Case Management, and SLS Health, LLC.Martin Clearwater & Bell, LLP, New York, N.Y. (Peter T. Crean, Gregory J. Radomisli, and Stewart G. Milch of counsel), for appellant Mark J. Stumacher.Heidell, Pittoni, Murphy & Bach, LLP, New York, N.Y. (Daniel S. Ratner of counsel), for appellant Dave Moore.Purcell & Ingrao, P.C., Mineola, N.Y. (Lynn A. Ingrao of counsel), for appellant Jacqueline Marshall.Allegaert, Berger & Vogel, LLP, New York, N.Y. (Cornelius P. McCarthy and Ronald Busloff of counsel), for respondents.REINALDO E. RIVERA, J.P., RANDALL T. ENG, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.

In an action, inter alia, to recover damages for wrongful death, (1) the defendant Evan Marshall appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated November 12, 2010, as granted the plaintiffs' motion to compel production of certain medical records and, in effect, denied his request for an in camera review of certain medical records, (2) the defendants SLS Residential, Inc., SLS Health, Inc., SLS Wellness, Inc., Supervised Lifestyles, Inc., Joseph Santoro, Alfred Bergman, Shawn Prichard, Lauren Miller, Kendra Kohut, and Betsey Bergman separately appeal, as limited by their brief, from so much of an order of the same court dated August 23, 2010, as denied that branch of their cross motion which was for a protective order precluding the plaintiffs from obtaining certain medical and psychiatric records of the defendant Evan Marshall and, in effect, denied that branch of their cross motion which was for an in camera review of certain medical records, and from so much of the order dated November 12, 2010, as granted the plaintiffs' motion to compel the production of those records, (3) the defendants SDL Case Management, Inc., SDL Case Management, LLC, and SLS Health, LLC, separately appeal, as limited by their brief, from so much of the order dated August 23, 2010, as denied that branch of their cross motion which was for a protective order and, in effect, denied that branch of their cross motion which was for an in camera review of certain medical records, and from so much of the order dated November 12, 2010, as granted the plaintiffs' motion to compel production of certain medical records, (4) the defendant Mark J. Stumacher separately appeals, as limited by his brief, from so much of the order dated August 23, 2010, as denied his cross motion for a protective order, and from so much of the order dated November 12, 2010, as granted the plaintiffs' motion to compel production of certain medical records, (5) the defendant Dave Moore separately appeals, as limited by his brief, from so much of the order dated August 23, 2010, as denied his cross motion for a protective order , and from so much of the order dated November 12, 2010, as granted the plaintiffs' motion to compel production of certain medical records, and (6) the defendant Jacqueline Marshall separately appeals, as limited by her brief, from so much of the order dated August 23, 2010, as denied her cross motion for a protective order, and from so much of the order dated November 12, 2010, as granted the plaintiffs' motion to compel production of certain medical records.

ORDERED that the appeal by the defendant Jacqueline Marshall is dismissed as academic, in light of the decision and order of this Court dated August 9, 2011 ( see Fox v. Marshall, 88 A.D.3d 131, 928 N.Y.S.2d 317); and it is further,

ORDERED that on the Court's own motion, the notice of appeal by the defendant Evan Marshall from so much of the order dated November 12, 2010, as, in effect, denied his request for an in camera review of certain medical records, is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted ( see CPLR 5701[c] ); and it is further,

ORDERED that the orders dated August 23, 2010, and November 12, 2010, are affirmed insofar as appealed from by the defendants Evan Marshall, SLS Residential, Inc., SLS Health, Inc., SLS Wellness, Inc., Supervised Lifestyles, Inc., Joseph Santoro, Alfred Bergman, Shawn Prichard, Lauren Miller, Kendra Kohut, Betsey Bergman, SDL Case Management, Inc., SDL Case...