KATHERINE F., &C., ET AL., APPELLANTS, v. THE STATE OF NEW YORK, RESPONDENT.
94 N.Y.2d 200 (1999).
November 30, 1999
1 No. 169
(99 NY Int. 0161)
Decided November 30, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Michael H. Zhu, for appellants.
Gina M. Ciccone, for respondent.
Center for Independence of the Disabled in New York,
et al., amici curiae.
CIPARICK, J.:
Claimant commenced this action on behalf of her infant daughter,
Katherine F., to recover damages for injuries the child allegedly
sustained while a patient at defendant Bronx Children'sPsychiatric
Center. Claimant alleges that on several occasions during August 1993,
a hospital employee sexually abused and assaulted her then 14-year-old
daughter. In her discovery demand, claimant requested all "incident
reports" arising from the alleged abuse. Defendant refused to turn
over its investigation file, asserting that it was exempt from
disclosure under Education Law § 6527(3).
The Court of Claims conducted an in camera review and ordered
disclosure of the file, which contained two incident reports as well
as an investigation report and a safety department report. Relying on
precedent from the Fourth Department, the court determined that the
reports did not relate to a quality-of-care or medical review
function, but rather, were part of a security function and therefore
subject to disclosure. The Appellate Division reversed, holding that
Education Law § 6527(3) and Mental Hygiene Law § 29.29, when
read in tandem, barred disclosure of the psychiatric hospital's
incident reports, and it certified to this Court the question whether
its order was proper. We answer that question in the affirmative.
Education Law § 6527(3), which exempts certain records from the
discovery provisions of article 31 of the Civil Practice Law and
SNIPPETS:
RESPONDENT.
This opinion is uncorrected and subject to revision before publication in the New York
Michael H. Zhu, for appellants.
Claimant commenced this action on behalf of her infant daughter, Katherine F., to recover
Claimant alleges that on several occasions during August 1993, a hospital employee sexually
claimant requested all "incident reports" arising from the alleged abuse.
The Court of Claims conducted an in camera review and ordered disclosure of the file, which
Relying on precedent from the Fourth Department, the court determined that the reports did
The Appellate Division reversed, holding that Education Law § 6527and Mental Hygiene Law §
"Neither the proceedings nor the records relating to performance of a medical or quality
ractice law and rules * * *" ).
A charge of sexual abuse based on an employee's conduct, as alleged here, falls squarely
Thus, read together, Education Law § 6527and Mental Hygiene Law § 29.29 exempt from
Nothing in the plain language of Education Law § 6527or its legislative history indicates
Both statutes require hospitals to report incidents that extend well beyond medical care and
Opinion by Judge Ciparick.
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