Opinion
March 27, 1989
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that so much of the appeal as seeks review of the portion of the order which granted the branch of the motion which was for a determination that CPLR 4545 (c) is applicable to this action is dismissed, as no appeal lies from that portion of the order (see, Cotgreave v. Public Adm'r of Imperial County, 91 A.D.2d 600); and it is further,
Ordered that in all other respects the order is reversed insofar as appealed from, without costs or disbursements, and that branch of the motion which was for disclosure of "all" collateral source information is denied with leave to renew on proper papers if the defendant Pellegrino be so advised.
Since the issue of whether CPLR 4545 (c) applies to this action (see, L 1986, ch 220, § 46) is not dispositive of disclosure issues (cf., Allen v. Crowell-Collier Publ. Co., 21 N.Y.2d 403; Wiseman v. American Motors Sales Corp., 103 A.D.2d 230, 237), and since no specific disclosure dispute was before it, the Supreme Court should not have directed disclosure of all collateral source information to any party so inquiring (see, Self-Insurer's Assn. v. State Indus. Commn., 224 N.Y. 13, 16; cf., CPLR 3001, 3101 [a]; Butler v. District Council 37, 72 A.D.2d 720). Bracken, J.P., Spatt, Sullivan and Harwood, JJ., concur.