| Quilty v Cormier |
| 2014 NY Slip Op 01900 [115 AD3d 1229] |
| March 21, 2014 |
| Appellate Division, Fourth Department |
| Pamela J. Quilty, Appellant, v Danielle J. Cormier,Respondent. |
—[*1] Barth Sullivan Behr, Buffalo (James A. Davis of counsel), fordefendant-respondent.
Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph,J.), entered December 7, 2012. The order granted defendant's motion to compel plaintiffto provide unrestricted medical record authorizations.
It is hereby ordered that the order so appealed from is unanimously affirmed withoutcosts.
Memorandum: Plaintiff commenced this personal injury action seeking damages forinjuries she allegedly sustained in a motor vehicle accident. Contrary to plaintiff'scontention, Supreme Court properly granted defendant's motion to compel plaintiff toprovide unrestricted medical record authorizations inasmuch as she failed to comply witha stipulated order directing her to do so by a certain date. Notably, plaintiff does notcontest the validity of that stipulated order. "[U]nless public policy is affronted, parties toa civil dispute are free to chart their own litigation course . . . They 'mayfashion the basis upon which a particular controversy will be resolved . . .and in doing so '[t]hey may stipulate away . . . rights' " (Mitchell v NewYork Hosp., 61 NY2d 208, 214 [1984]; see generally Hann v Black, 96 AD3d 1503, 1504 [2012]).We nevertheless note that, at oral argument, defendant's counsel agreed that the recordsmay first be submitted to the court for an in camera review to determine their relevancy.Present—Scudder, P.J., Smith, Carni, Lindley and Sconiers, JJ.