Opinion
October 13, 1987
Appeal from the Supreme Court, Dutchess County (Weiner, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner, a prison inmate, was charged with using narcotics after having been discovered unconscious in his cell. Medical tests administered at a private hospital disclosed that the petitioner had ingested morphine. The petitioner was found guilty after a hearing and the finding was affirmed on administrative appeal.
The petitioner's claim of privilege with respect to his medical records is without merit. A claim of privilege cannot be raised for the first time on appeal (Malus v. Sperry-Rand Corp., 2 A.D.2d 877, rearg denied, lv denied 2 A.D.2d 967, lv dismissed 2 N.Y.2d 851). In addition, the physician-patient privilege was waived by the petitioner's failure to object to the introduction of his medical records at the outset of the hearing (see, CPLR 4504; Hughson v. St. Francis Hosp., 93 A.D.2d 491). Moreover, the petitioner's voluntary disclosures at the hearing concerning his medical condition and treatment destroyed any privilege which might have attached to the relevant medical records (see, Riccardi v. Tampax, Inc., 113 A.D.2d 880, 881; Herbst v. Bruhn, 106 A.D.2d 546, 549). Mangano, J.P., Bracken, Brown and Niehoff, JJ., concur.