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FEGER v. WARWICK ANIMAL SHELTER

59 A.D.3d 68 (2008)

870 N.Y.S.2d 124

DARLENE FEGER, Appellant, v. WARWICK ANIMAL SHELTER et al., Respondents, et al., Defendant.

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

December 23, 2008.

Attorney(s) appearing for the Case

Douglas R. Dollinger, Newburgh, for appellant.

Paul I. Marx, White Plains, for respondents.

MASTRO, J.P., and BALKIN, J., concur with LEVENTHAL, J.; SPOLZINO, J., concurs in part and dissents in part, and votes to modify the order appealed from by denying that branch of the defendants' motion which was to prevent disclosure of the identify of the donor of the cat, and otherwise affirming the order in a separate opinion.

OPINION OF THE COURT

LEVENTHAL, J.

The defendants Warwick Animal Shelter and Thomas Loughlan (hereinafter the defendants) moved, inter alia, for a protective order to prevent disclosure of the identities of the donor and adoptive owner of a cat sought by the plaintiff. The issue raised on this appeal is whether the Supreme Court properly exercised its discretion in granting that branch of the defendants' motion.

The plaintiff alleges that her cat...

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