Opinion
October 7, 1999
Michael D'Agostino, for Plaintiffs-Respondents.
Morton H. Feder, for Defendant-Appellant.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, FRIEDMAN, JJ.
Order, Supreme Court, New York County (Paula Omansky, J.), entered January 27, 1999, which granted plaintiff's motion for a protective order prohibiting the deposition of a non-resident, non-party witness, unanimously affirmed, without costs.
In seeking to take the deposition of its former employee, a non-resident, non-party witness, almost 11 months after the note of issue was filed, defendant failed to demonstrate any unusual or unanticipated circumstance warranting deviation from the rule that disclosure proceedings may not be conducted after the filing of the note of issue (see , White v. Bronx Lebanon Hosp. Ctr., 240 A.D.2d 212).
Motion for a stay denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.