Commissioner of Social Services v. David R. S.

Appellate Division of the Supreme Court of New York

Commissioner of Social Services v. David R. S.

83 A.D.2d 636, 441 N.Y.S.2d 540, 1981 N.Y. App. Div. LEXIS 14927

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 27, 1981

StatusPublished

This text of 83 A.D.2d 636 (Commissioner of Social Services v. David R. S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Social Services v. David R. S., 83 A.D.2d 636, 441 N.Y.S.2d 540, 1981 N.Y. App. Div. LEXIS 14927 (N.Y. Ct. App. 1981).

Pincite

Opinion

In a paternity proceeding, the appeal (by permission) is from an order of the Family Court, Kings County (Torres; J.), dated March 5, 1981, which directed appellant to provide respondent with portions of its records deemed material to the proceeding. Order affirmed, without costs or disbursements. A review of that portion of the records ordered disclosed reveals that the mother had contacted appellant and continued to deal with that agency for purposes wholly unrelated to drug abuse counselling. Title 21 (§ 1175, subd [a]) of the United States Code, which affords confidentiality to the “[rjeeords of the identity, diagnosis, prognosis,-or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function” is, therefore, inapplicable and the records were properly ordered to be disclosed. Hopkins, J.P., Mangano, Margett and Thompson, JJ., concur.

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In a paternity proceeding, the appeal (by permission) is from an order of the Family Court, Kings County (Torres; J.), dated March 5, 1981, which directed appellant to provide respondent with portions of its records deemed material to the proceeding. Order affirmed, without costs or disbursements. A review of that portion of the records ordered disclosed reveals that the mother had contacted appellant and continued to deal with that agency for purposes wholly unrelated to drug abuse counselling. Title 21 (§ 1175, subd [a]) of the United States Code, which affords confidentiality to the “[rjeeords of the identity, diagnosis, prognosis,-or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function” is, therefore, inapplicable and the records were properly ordered to be disclosed. Hopkins, J.P., Mangano, Margett and Thompson, JJ., concur.

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Bluebook (online)

83 A.D.2d 636, 441 N.Y.S.2d 540, 1981 N.Y. App. Div. LEXIS 14927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-social-services-v-david-r-s-nyappdiv-1981.