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ALIZIO v. ALIZIO

300 A.D.2d 515 (2002)

752 N.Y.S.2d 553

ANTHONY ALIZIO, Appellant, v. JOSEPH ALIZIO, Respondent, et al., Defendants.

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

Decided December 23, 2002.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and that branch of the motion which was to strike the answer of the defendant Joseph Alizio is granted.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 against a party who "refuses to obey an order for disclosure or wilfully fails to disclose information which the court finds ought to have been disclosed...

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