Summary
lacking sufficient evidence where appellant merely resided in the apartment where the gun was found
Summary of this case from State v. PedersenOpinion
March 13, 1992
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Callahan, J.P., Boomer, Balio, Lawton and Davis, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The order is modified by deleting the provision granting third-party defendant's motion to compel plaintiff to provide authorization for all of plaintiff's workers' compensation records and medical records. The CPLR does not contain any provision that would allow third-party defendant to obtain authorization from plaintiff to allow it access to plaintiff's workers' compensation records (see, CPLR 3102 [a]; see also, Hinrichs v Tonnssen, 128 Misc.2d 196; Bennett v Martoche, 123 Misc.2d 874, 876).