In Smith v. Delago (2 AD3d 1259 [3d Dept., 2003]) the Court, in a medical malpractice action, permitted limited discovery of statements of deficiency which had been issued by the Department of Health to the defendant hospital. The Appellate Division acknowledged that some documents remain confidential under the provisions of Public Health Law 2805-m (2). Nevertheless, the Court found that factual portions of these records, which did not contain confidential information and were redacted to remove conclusions of law and opinions of the Department of Health, must be produced ( id., at 1260-1261).