McCOY v. STATE OF NEW YORK


52 A.D.3d 1212 (2008)

860 N.Y.S.2d 355

DANIEL E. McCOY, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 94681.)

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

Decided June 6, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the part of the motion seeking to compel the production of defendant's senior investigator for a deposition and vacating the first ordering paragraph and by providing that the part of the motion seeking the issuance of a commission to serve written deposition questions on a nonparty witness is denied without prejudice and as modified the order is affirmed without costs.

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