Opinion
2003-07800.
Decided June 7, 2004.
In an action to recover damages for personal injuries, the defendants Citiwide Auto Leasing, Inc., Bais Enza, Inc., and Shulamik Herskovic appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated August 4, 2003, which denied that branch of their motion which was to compel certain documentary discovery, and, in effect, denied that branch of their motion which was to compel the further deposition of the plaintiff.
Charles J. Siegel, New York, N.Y. (Peter E. Vairo of counsel), for appellants.
Dansker Aspromonte Associates, New York, N.Y. (Douglas E. Hoffer of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., HOWARD MILLER, DANIEL F. LUCIANO, STEPHEN G. CRANE, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that on the court's own motion, so much of the notice of appeal as purports to appeal as of right from that portion of the order as, in effect, denied that branch of the motion which was to compel the further deposition of the plaintiff is treated as an application for leave to appeal from that portion of the order, and leave to appeal is granted ( see Garcia v. Jomber Realty, 264 A.D.2d 809; Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500); and it is further,
ORDERED that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court properly denied the appellants' motion to compel the subject discovery ( see Teig v. First Unum Ins. Co., 282 A.D.2d 669).
SANTUCCI, J.P., H. MILLER, LUCIANO, CRANE and SPOLZINO, JJ., concur.