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STATE DIV. v. BERLER

46 A.D.3d 32 (2007)

848 N.Y.S.2d 183

In the Matter of STATE DIVISION OF HUMAN RIGHTS, Appellant, v. HOWARD BERLER, as Justice of the Supreme Court of the State of New York, et al., Respondents.

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

October 2, 2007.

Attorney(s) appearing for the Case

Gina M. Lopez Summa, Bronx (Michael K. Swirsky of counsel), for appellant.

Zabell & Associates, P.C., Bohemia (Saul D. Zabell of counsel), for North Shore Internal Medicine Associates, P.C., respondent.

SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

OPINION OF THE COURT

RIVERA, J.P.

The primary issue presented on this appeal is whether the Supreme Court was authorized, pursuant to CPLR 2308 (b) (1), in effect, to preclude the State Division of Human Rights (hereinafter the State Division) from considering certain documents as evidence in an administrative proceeding entitled Matter of Persuad v North Shore Internal Medicine Associates, P.C. For the reasons...

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