Opinion
No. 182 SSM 22.
Decided June 9, 2011.
APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered November 23, 2010. The Appellate Division affirmed so much of an order of the Surrogate's Court, New York County (Kristin Booth Glen, S.), as had denied objectants' motion to extend the end date for disclosure to October 15, 2010, and to delete limitations on the number and identity of the persons to be deposed. The following question was certified by the Appellate Division: "Was the order of [Surrogate's] Court, as affirmed by the [order of] this Court, properly made?"
Matter of Aoki, 78 AD3d 569, affirmed.
Holland Knight, LLP, New York City ( Joseph P. Sullivan of counsel), for appellants.
Rosenberg Feldman Smith, LLP, New York City ( Richard B. Feldman, Michael H. Smith and McKenzie A. Livingston of counsel), for respondent.
Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, and the certified question answered in the affirmative. We agree with the Appellate Division that Surrogate's Court did not abuse its discretion by setting a December 2009 deadline for the completion of discovery and limiting the identity and number of individuals to be deposed.