187 A.D.2d 551 | N.Y. App. Div. | 1992
In a matrimonial action in which the parties were divorced by judgment of the Supreme Court, Nassau County (McCabe, J.), entered February 10, 1988, and in which the plaintiff former husband has applied for a change in child custody, the plaintiff former husband appeals from an order of the same court dated March 31, 1992, which denied his motion to compel the nonparty witnesses Nassau County Medical Center, Franklin General Hospital, and South Oaks Hospital, to produce all records relating to their treatment of the defendant former wife in connection with drug addiction or drug dependency, including alcohol addiction or alcohol dependency.
Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, and the nonparty witnesses Nassau County Medical Center, Franklin General Hospital, and South Oaks Hospital, are directed to produce all records in their custody which relate to the treatment of the defendant former wife for drug addiction or drug dependency, including alcohol addiction or dependency; and it is further,
Ordered that the matter is remitted to the Supreme Court, Nassau County, for the purposes of specifying the time and place at which the production of the records is to be made, and for further proceedings consistent herewith.
In connection with an on-going post-judgment child custody