Has K’Paw Mu v. Lyon

Has K'Paw Mu v Lyon (2018 NY Slip Op 00687) Has K'Paw Mu v Lyon 2018 NY Slip Op 00687 Decided on February 2, 2018 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on February 2, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, AND WINSLOW, JJ. 109 CA 17-01512 [*1]HAS K'PAW MU AND SA QUE FARA, INFANTS BY THEIR FATHER AND LEGAL GUARDIAN, HEN BLAY HTOO, AND HEN BLAY HTOO, AS ADMINISTRATOR OF THE ESTATE OF EH KAW MU, DECEASED, PLAINTIFFS-RESPONDENTS, vALBERT LYON, M.D., ET AL., DEFENDANTS, WILLIAM GRABER, M.D., JOY BLACK, M.D., AND FAXTON-ST. LUKE'S HEALTHCARE, DEFENDANTS-APPELLANTS. LEVENE GOULDIN & THOMPSON, LLP, BINGHAMTON (JARED R. MACK OF COUNSEL), FOR DEFENDANT-APPELLANT WILLIAM GRABER, M.D. NAPIERSKI, VANDENBURGH, NAPIERSKI & O'CONNOR, LLP, ALBANY (ANDREW S. HOLLAND OF COUNSEL), FOR DEFENDANTS-APPELLANTS JOY BLACK, M.D. AND Appeals from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered May 25, 2017. The order, inter alia, denied the motions of defendants-appellants to compel authorizations to release the personal tax returns of Hen Blay Htoo and decedent for certain years. Now, upon the stipulation to partially withdraw appeal with respect to defendant Joy Black, M.D. signed by the attorneys for defendants-appellants and plaintiffs-respondents on November 21, 2017 and November 28, 2017, It is hereby ORDERED that the appeal by defendant Joy Black, M.D. is unanimously dismissed upon stipulation, and the order so appealed from is modified on the law by granting the motions of defendants William Graber, M.D. and Faxton-St. Luke's Healthcare in accordance with the following memorandum, and as modified the order is affirmed without costs. Memorandum: Eh Kaw Mu (decedent) died on November 19, 2010, and plaintiff Hen Blay Htoo (Htoo) was issued letters of guardianship for the infant plaintiffs, the children of decedent and Htoo, in December 2013 and limited letters of administration for decedent's estate in February 2014. Plaintiffs commenced this wrongful death action on May 1, 2014. Defendant Faxton-St. Luke's Healthcare, inter alia, moved pursuant to CPLR 3124 to compel Htoo to provide, inter alia, duly executed DTF-505 forms from the New York State Department of Taxation and Finance (NYSDTF), that would allow them to obtain copies of tax returns for the years 2008, 2009, and 2010 for Htoo and decedent. Those defendants also sought an order directing NYSDTF to comply with a proposed subpoena duces tecum seeking copies of those income tax returns. By a separate motion, defendant William Graber, M.D., inter alia, joined in [*2]the above motion. As relevant to this appeal, Faxton-St. Luke's Healthcare and Graber (hereafter, defendants) asserted that the information was needed to show that decedent and Htoo were married at the time of decedent's death, which would permit them to establish subsequently that the complaint was untimely. At his deposition, Htoo testified that he ...

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