Spahn v. Griffith
| Decision Date | 25 May 1984 |
| Citation | 476 N.Y.S.2d 676,101 A.D.2d 1011 |
| Parties | Eleanor SPAHN, Respondent, v. Yvonne K. GRIFFITH and Elizabeth Griffith, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Damon & Morey by Anthony Colucci, Buffalo, for appellants.
Paul Shatkin, Buffalo, for respondent.
Before CALLAHAN, J.P., and DENMAN, BOOMER, O'DONNELL and SCHNEPP, JJ.
Defendants moved for an order compelling plaintiff to answer questions at an Examination Before Trial and to execute an authorization for medical records. That motion was heard on June 3, 1983 and the judge ruled from the bench (as noted on the Special Term Note of Issue); "Order granted, to execute med. release, otherwise denied." That "order" was never reduced to writing. On August 17, 1983, defendants brought another motion to compel plaintiff to execute an authorization for the release of medical records. That motion was heard before a different judge and the motion was denied. Defendants appeal from that order.
The order appealed from must be vacated. (Matter of Silverberg v. Dillon, 73 A.D.2d 838, 839, 423 N.Y.S.2d 760). Any motion affecting a prior order should be made only to the judge who issued that order unless he is unable to hear it (CPLR 2221; Gajewski v. Gajewski, 71 A.D.2d 808, 419 N.Y.S.2d 362; Matter of Wright v. County of Monroe, supra ).
Order unanimously vacated without costs.
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...a prior order should be made only to the judge or justice who issued the order unless he or she is unable to hear it (Spahn v. Griffith, 101 A.D.2d 1011, 476 N.Y.S.2d 676; CPLR 2221). Therefore, the court contacted the prior justice in this case. He referred the matter back to me stating th......
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...his colleague (see, CPLR 2221). Hence, we cannot say that the rule against collateral vacatur was violated here (see, Spahn v. Griffith, 101 A.D.2d 1011, 476 N.Y.S.2d 676; cf. Hess v. Wessendorf, 102 A.D.2d 926, 477 N.Y.S.2d 515; Willard v. Willard, 194 App.Div. 123, 185 N.Y.S. 569; see als......
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