STATE OF NEW YORK

SUPREME COURT : COUNTY OF CHAUTAUQUA


 

DEBORAH A. BROWN,


Plaintiff,


-vs- Index #H-09669


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


DECISION and ORDER



GERACE, J.


Defendant's motion for order striking this case from

calendar (1) because discovery is not complete (defendant wants an IME) and (2) for plaintiff's refusal to provide medical authorizations relating to a prior accident (1972), is denied, without prejudice.


However, the Court will permit defendant to obtain an IME, and, direct plaintiff to sign a medical authorization for the 1972 accident.


Plaintiff did not cross move for discovery in spite of

counsel's January 9, 1995 threat to do so, and his strong

argument for discovery of maintenance records of the defendant's bus, and for the driver's personnel records.


If he desired those records, his filing of the Note of Issue was premature. Nevertheless, as this Court is interested in broad, relevant discovery as well as an early disposition of the case, it will allow plaintiff to obtain maintenance records of the CARTS bus in question, and, direct that personnel records of defendant Constantino be submitted to the Court for an incamera review.


This is the Decision and Order of this Court. No further

order shall be necessary.


Dated: March 9, 1995

Mayville, New York


 

JOSEPH GERACE

Justice of Supreme Court