From Casetext: Smarter Legal Research

Rockland County Patrolmen's v. Collins

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 534 (N.Y. App. Div. 1996)

Opinion

March 4, 1996

Appeal from the Supreme Court, Rockland County (Scarpino, J.).


Ordered that the cross appeal is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs payable by the appellants-respondents.

Contrary to the appellants-respondents' contention, the Supreme Court properly determined that the Rockland County Patrolmen's Benevolent Association, the exclusive representative of all police officers below the rank of Captain who are employed by the Town of Clarkstown, has standing to represent its members in this action for declaratory and injunctive relief ( see, Warth v Seldin, 422 U.S. 490, 514; Hunt v Washington State Apple Adv. Commn., 432 U.S. 333, 343).

The Supreme Court also properly determined that the appellants-respondents had violated Public Health Law § 18 (6) when they released medical records to the New York State Retirement System without authorization. Public Health Law § 18 (6) provides that patient information disclosed by a health care provider to a third party must be kept confidential by the party receiving such information.

Since the facts are undisputed and the appellants-respondents possess no additional defenses beyond those which they have already provided to the court, "[n]o purpose would be served by remitting the matter to the Supreme Court for service of an answer" ( Briedis v Village of Tuxedo Park, 156 A.D.2d 744, 746).

The appellants-respondents' remaining contentions are without merit. Bracken, J.P., Rosenblatt, Miller and Friedmann, JJ., concur.


Summaries of

Rockland County Patrolmen's v. Collins

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1996
225 A.D.2d 534 (N.Y. App. Div. 1996)
Case details for

Rockland County Patrolmen's v. Collins

Case Details

Full title:ROCKLAND COUNTY PATROLMEN'S BENEVOLENT ASSOCIATION, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 4, 1996

Citations

225 A.D.2d 534 (N.Y. App. Div. 1996)
638 N.Y.S.2d 747

Citing Cases

Makinen v. City of N.Y.

(Am. Compl. ¶ 173.) Plaintiffs have not identified which particular paragraph(s) of Section 18 they seek to…

Wheeler v. Social Servs Commr

CPLR article 31, which governs discovery, is limited by CPLR 4504, which addresses confidentiality of medical…