SUPREME COURT : COUNTY OF CHAUTAUQUA

_______________________________________________

DEBORAH A. BROWN,

Plaintiff,

Index #H-09669

-vs-

FRANK CONSTANTINO;

COUNTY OF CHAUTAUQUA;

CHAUTAUQUA COUNTY DEPARTMENT

OF PUBLIC WORKS-CARTS

DIVISION,

Defendants

_______________________________________________

BURGETT & ROBBINS

(Kenneth M. Lasker, Esq.

Of Counsel) for

Plaintiff

HURWITZ & FINE, P.C.

(Dennis J. Bischof, Esq.

Of Counsel) for

Defendant

GERACE, J.

The Court has examined the personnel records of Frank Constantino in camera. While much of the file is not relevant to the case, a portion of it may be relevant in the action against the County.

The file contains medical data and other information about another passenger that is clearly privileged and to be protected.

The Court has segregated for the review by the County of Chautauqua the portions of the personnel records that the Court deems appropriate for discovery and will direct the County to make copies available to all counsel upon receipt of a stipulation by the County or, the passage of thirty (30) days for appeal of this Decision/Order, whichever occurs first.

Dated: April 26, 1995

Mayville, New York

______________________________

Hon. Joseph Gerace

Supreme Court Justice