STATE v. HUBBARD


126 A.D.2d 717 (1987)

State of New York et al., Appellants, v. Theodore Hubbard et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1987


Ordered that the appeal from so much of the order as, upon reargument, adhered to its prior determination denying a protective order with respect to certain examinations before trial, is dismissed, as academic; and it is further,

Ordered that the order is modified, in the exercise of discretion, by deleting the provision thereof which denied the plaintiffs' motion to discontinue the action, and substituting therefor a provision granting the motion. As so modified...

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