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TOWN OF BROOKHAVEN v. LIERE

24 A.D.3d 431 (2005)

805 N.Y.S.2d 135

TOWN OF BROOKHAVEN, Appellant, v. ROBERT LIERE et al., Respondents.

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

December 5, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in granting the defendants' motion to compel Senior Town Attorney Harold A. Steuerwald to appear for a deposition, and in denying the plaintiff's cross motion for a protective order. Since the Senior Town Attorney is employed by the plaintiff Town, he is subject to CPLR 3101 (a) (1), which provides...

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