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MATTER OF McNAIR v. BENNETT

32 A.D.3d 540 (2006)

819 N.Y.S.2d 838

In the Matter of ROBERT W.A. McNAIR, Respondent, v. NATOYE M. BENNETT, Appellant. (Proceeding No. 1.) In the Matter of NATOYE M. BENNETT, Appellant, v. ROBERT W. McNAIR, Respondent. (Proceeding No. 2.)

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

August 29, 2006.

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

The Family Court properly granted those branches of the father's motion which were to impose a sanction on the mother for her failure to comply with an order dated August 17, 2005 and so-ordered subpoenaes duces tecum. The subpoenaes duces tecum at issue were a form of compulsory process under CPLR article 23 and not a disclosure device, in that they directed the mother to bring specified documents...

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