10296. IN RE JEFFREY WILSON, [M-2252] pet, v. HON. BARBARA NEWMAN, ETC. res — JEFFREY WILSON, PETITIONER PRO SE. Eric T. Schneiderman, Attorney General, New York (Charles F. Sanders of counsel), for Hon. Barbara Newman, res — Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for L. Newton Mendys, res — THE ABOVE-NAMED PETITIONER HAVING PRESENTED AN APPLICATION TO THIS COURT PRAYING FOR AN ORDER, PURSUANT TO ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES, NOW, UPON READING AND FILING THE PAPERS IN SAID PROCEEDING, AND DUE DELIBERATION HAVING BEEN HAD THEREON, IT IS UNANIMOUSLY ORDERED THAT THE APPLICATION BE AND THE SAME HEREBY IS DENIED AND THE PETITION DISMISSED, WITHOUT COSTS OR DISBURSEMENTS. MAZZARELLI, J.P., MOSKOWITZ, DEGRASSE, FEINMAN, CLARK, JJ. 9687NTHERESA ABDUR-RAHMAN, ETC., plf-ap, v. CATHERINE G. POLLARI def-res, THE CITY OF NEW YORK, def — Pollack, Pollack, Isaac & De Cicco, New York (Brian J. Isaac of counsel), for ap — Picciano & Scahill, P.C., Westbury (Andrea E. Ferrucci of counsel), for Catherine G. Pollari and Thomas C. Pollari, res — Law Office of James J. Toomey, New York (Evy L. Kazansky of counsel), for Armao, Costa & Ricciardi, CPA’s P.C., res — Nelson Levine De Luca & Hamilton, LLC, New York (Christopher J. Soverow of counsel), for Barak Speedy Lube, Inc., res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered February 8, 2012, which, in this wrongful death action, to the extent appealed from as limited by the briefs, granted the motions of defendant Speedy Lube and the Pollari defendants to compel discovery, and denied plaintiff’s cross motion for a protective order, unanimously modified, on the law and the facts, to deny that part of defendants’ motions, and grant that part of plaintiff’s cross motion, concerning records related to any HIV/AIDS status that plaintiff’s decedent may have and, with respect to defendants’ demand for authorizations to inspect the medical records of any and all physicians and hospitals that treated decedent in the 10 years prior to his death, to grant their motion only to the extent of compelling plaintiff to produce authorizations for records of physician and hospital treatment in the 5 years prior to decedent’s death, and otherwise affirmed, without costs.
Plaintiff’s husband, the decedent, stopped his car on the side of an overpass on the Bruckner Expressway to close the hood. Plaintiff alleges that the hood had not been properly closed by defendant Speedy Lube after it performed an oil change on the car earlier that day. While decedent was standing in front of the car, another car, driven by defendant Catherine Pollari, rear-ended decedent’s vehicle. This caused decedent’s car to roll into him and push him off the overpass, which was apparently missing a guardrail. Decedent was killed by the fall, and plaintiff commenced this wrongful death action.
