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MATTER OF BEAUREGARD v. MILLWOOD-BEAUREGARD

207 A.D.2d 633 (1994)

615 N.Y.S.2d 938

In the Matter of Paul Beauregard, Appellant, v. Machelle Millwood-Beauregard, Respondent

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

August 25, 1994

Casey, J.

We conclude that the ultimate sanction of dismissal is an inappropriate penalty to impose upon petitioner for his counsel's delay of approximately 30 days in responding to respondent's interrogatories and a demand to produce (see, Zletz v Wetanson, 67 N.Y.2d 711, 713-714). "In the absence of conduct `so blatantly contumacious as to require the ultimate penalty' * * * the drastic sanction of dismissal...

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