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PANAGGIO v. PANAGGIO

256 A.D.2d 1115 (1998)

684 N.Y.S.2d 732

FRANCES PANAGGIO, Appellant, v. MICHAEL PANAGGIO, Respondent.

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

Decided December 31, 1998.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted defendant's motion for a protective order. Plaintiff failed to establish "the requisite `legitimate factual predicate' for the discovery sought and there is no basis to depart from the general rule that financial disclosure is inappropriate unless and until the existing separation agreement is set aside" (Krehling v Krehling, 190 A.D.2d 1039

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