Health & Hosps. Corp., 62 NY2d 75, supra; Cornell Univ. v
City of N. Y. Police Dept., 153 AD2d 515, supra; CPLR 3101).
Accordingly, within 20 days of the date of this order, which
is being sent to counsel by facsimile, the subject Internal Af-
fairs Bureau le will be delivered to the court for in camera
review. Counsel for the defendant shall notify counsel for the
plainti, in writing, of the date of submission of the records to
the court. Upon review of the le the court will, if it determines
that there are any documents in such le which are not subject
to the prohibitions against inspection, so notify counsel for the
defendant in such manner as counsel for the defendant will be
able to identify the document. Counsel for the defendant will
then have a period of 72 hours within which to make an ap-
plication to this court as to the enumerated document. Failing
to make such application, the document will be made available
to counsel for the plainti for inspection.
In concluding, the court observes that the defendant's argu-
ment that further discovery has been waived by the ling of
the note of issue is unpersuasive. As noted above, the note of
issue in this case was led in June of 1993 and in May of 1999
outstanding discovery disputes were addressed by this court,
which directed the depositions of Police Ocer Moore and the
decedent's children. Inasmuch as discovery has been conducted
MASTROIANNI v SUFFOLK COUNTY [181 Misc 2d 1003]1007
during these past ve months upon the applications of both
parties, there is no basis to nd that there has been a waiver
of further discovery.
1008 181 MISCELLANEOUS REPORTS, 2d SERIES
[696 NYS2d 746]
Quisqueya Housing Corp., Petitioner, v Various Tenants of
the Building Located at 515 West 174th Street, New