Opinion
June 18, 1999
Appeal from Order of Supreme Court, Erie County, Sedita, Jr., J. — Discovery.
PRESENT: LAWTON, J. P., HAYES, WISNER, HURLBUTT AND SCUDDER, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: In the absence of special, unusual or extraordinary circumstances, Supreme Court lacked discretion to order defendants to comply with plaintiff's demand for expert disclosure, served after the note of issue was filed (see, Melanson v. Caggiano, 251 A.D.2d 1059; Gould v. Marone, 197 A.D.2d 862). The fact that other discovery had been conducted by agreement of counsel does not constitute a special, unusual or extraordinary circumstance (see, Armatys v. Edwards, 229 A.D.2d 906, 907).