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ESTATE OF TETA v. MERCY MEDICAL CENTER

60 A.D.3d 624 (2009)

___ N.Y.S.2d ___

ESTATE OF MIRCO TETA, Respondent, v. MERCY MEDICAL CENTER et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided March 3, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendants Mercy Medical Center, Joseph Sciammarella, and Emmanuel Romero for a protective order is granted.

The New York Education Law shields from disclosure, among other things, "the proceedings [and] the records relating to performance of a medical or a quality assurance review function" (Education Law § 6527 [3]; see Kivlehan v Waltner,

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