2006 New York Code - Business Records.

 
    Rule  4518.  Business  records.  (a) Generally. Any writing or record,
  whether in the form of an entry in  a  book  or  otherwise,  made  as  a
  memorandum or record of any act, transaction, occurrence or event, shall
  be  admissible in evidence in proof of that act, transaction, occurrence
  or event, if the judge finds that it was made in the regular  course  of
  any business and that it was the regular course of such business to make
  it,  at the time of the act, transaction, occurrence or event, or within
  a reasonable time  thereafter.  An  electronic  record,  as  defined  in
  section three hundred two of the state technology law, used or stored as
  such  a  memorandum or record, shall be admissible in a tangible exhibit
  that is a true and accurate representation of  such  electronic  record.
  The  court  may  consider  the  method or manner by which the electronic
  record was stored, maintained or retrieved in  determining  whether  the
  exhibit is a true and accurate representation of such electronic record.
  All  other  circumstances  of  the  making  of the memorandum or record,
  including lack of personal knowledge by the  maker,  may  be  proved  to
  affect its weight, but they shall not affect its admissibility. The term
  business  includes  a  business,  profession,  occupation and calling of
  every kind.
    (b) Hospital bills. A hospital bill is admissible  in  evidence  under
  this  rule  and is prima facie evidence of the facts contained, provided
  it bears a certification by the head of the hospital or by a responsible
  employee in the controller's or  accounting  office  that  the  bill  is
  correct,  that  each  of the items was necessarily supplied and that the
  amount charged is reasonable. This subdivision shall not  apply  to  any
  proceeding  in a surrogate's court nor in any action instituted by or on
  behalf of a hospital to recover payment for accommodations  or  supplies
  furnished  or  for services rendered by or in such hospital, except that
  in a proceeding pursuant to section one hundred eighty-nine of the  lien
  law to determine the validity and extent of the lien of a hospital, such
  certified  hospital  bills  are  prima  facie  evidence  of  the fact of
  services and of the reasonableness of any charges which  do  not  exceed
  the  comparable  charges  made  by the hospital in the care of workmen's
  compensation patients.
    (c) Other records. All records, writings and other things referred  to
  in sections 2306 and 2307 are admissible in evidence under this rule and
  are  prima  facie  evidence of the facts contained, provided they bear a
  certification or authentication by the head of the hospital, laboratory,
  department or bureau of a municipal corporation or of the state,  or  by
  an  employee  delegated  for  that  purpose or by a qualified physician.
  Where  a  hospital  record  is  in  the  custody  of  a  warehouse,   or
  "warehouseman"  as  that term is defined by paragraph (h) of subdivision
  one of section 7-102 of the uniform commercial code, pursuant to a  plan
  approved  in  writing by the state commissioner of health, admissibility
  under this subdivision may be established by a certification made by the
  manager of the warehouse that sets forth (i) the authority by which  the
  record is held, including but not limited to a court order, order of the
  commissioner,  or  order or resolution of the governing body or official
  of the hospital, and (ii) that the record  has  been  in  the  exclusive
  custody  of  such  warehouse  or warehousemen since its receipt from the
  hospital or, if another has had access to it, the name  and  address  of
  such person and the date on which and the circumstances under which such
  access  was  had. Any warehouseman providing a certification as required
  by this subdivision shall  have  no  liability  for  acts  or  omissions
  relating   thereto,   except   for   intentional   misconduct,  and  the
  warehouseman is authorized to assess and collect a reasonable charge for
  providing the certification described by this subdivision.
    (d) Any records or reports relating to the administration and analysis
  of a genetic marker or DNA test, including records  or  reports  of  the
  costs  of  such  tests,  administered  pursuant to sections four hundred
  eighteen and five hundred thirty-two of the family court act or  section
  one  hundred  eleven-k  of  the  social  services  law are admissible in
  evidence under this rule and are  prima  facie  evidence  of  the  facts
  contained  therein  provided they bear a certification or authentication
  by the head of the hospital,  laboratory,  department  or  bureau  of  a
  municipal  corporation or the state or by an employee delegated for that
  purpose, or by a qualified physician. If such record or report  relating
  to  the administration and analysis of a genetic marker test or DNA test
  or tests administered pursuant to sections  four  hundred  eighteen  and
  five  hundred  thirty-two of the family court act or section one hundred
  eleven-k of the social services law indicates  at  least  a  ninety-five
  percent probability of paternity, the admission of such record or report
  shall  create  a  rebuttable  presumption  of  paternity,  and shall, if
  unrebutted, establish the paternity of and liability for the support  of
  a child pursuant to articles four and five of the family court act.
    (e)  Notwithstanding  any  other  provision of law, a record or report
  relating to the administration and analysis of a genetic marker test  or
  DNA  test  certified in accordance with subdivision (d) of this rule and
  administered pursuant to sections four hundred eighteen and five hundred
  thirty-two of the family court act or section one  hundred  eleven-k  of
  the  social  services  law  is  admissible  in  evidence under this rule
  without  the  need  for  foundation  testimony  or  further   proof   of
  authenticity  or  accuracy unless objections to the record or report are
  made in writing no later than twenty days before a hearing at which  the
  record  or  report  may be introduced into evidence or thirty days after
  receipt of the test results, whichever is earlier.
    (f) Notwithstanding any other provision of law, records or reports  of
  support payments and disbursements maintained pursuant to title six-A of
  article  three  of  the  social services law by the department of social
  services or the fiscal agent under contract to the  department  for  the
  provision  of  centralized  collection  and  disbursement  functions are
  admissible in evidence under  this  rule,  provided  that  they  bear  a
  certification  by an official of a social services district attesting to
  the accuracy of the content of the record or report of support  payments
  and  that  in  attesting  to  the  accuracy of the record or report such
  official  has  received  confirmation  from  the  department  of  social
  services  or  the  fiscal agent under contract to the department for the
  provision of centralized collection and disbursement functions  pursuant
  to  section  one  hundred  eleven-h  of the social services law that the
  record or report of support payments  reflects  the  processing  of  all
  support payments in the possession of the department or the fiscal agent
  as  of  a specified date, and that the document is a record or report of
  support payments maintained pursuant to title six-A of article three  of
  the social services law. If so certified, such record or report shall be
  admitted  into  evidence under this rule without the need for additional
  foundation testimony. Such records shall be the basis for  a  permissive
  inference  of the facts contained therein unless the trier of fact finds
  good cause not to draw such inference.
    (g) Pregnancy and childbirth costs.  Any  hospital  bills  or  records
  relating  to  the  costs  of  pregnancy  or  birth  of  a child for whom
  proceedings to establish paternity, pursuant to  sections  four  hundred
  eighteen  and five hundred thirty-two of the family court act or section
  one hundred eleven-k of the social services law have been or  are  being
  undertaken,  are  admissible  in  evidence under this rule and are prima
  facie evidence of the facts contained  therein,  provided  they  bear  a
  certification or authentication by the head of the hospital, laboratory,
  department  or  bureau  of a municipal corporation or the state or by an
  employee designated for that purpose, or by a qualified physician.