Opinion
October 30, 1989
Appeal from the Surrogate's Court, Queens County (Laurino, S.).
Ordered that the order is modified by deleting therefrom the provision directing Michael Levi Matar to appear for a deposition in New York and substituting therefor a provision directing the petitioner to serve written interrogatories upon Michael Levi Matar; as so modified, the order is affirmed, with costs to Michael Levi Matar payable by Irving Hilton.
Based on the facts and circumstances of this case, we conclude that the Surrogate's Court acted improvidently in directing Michael Levi Matar, who is domiciled in Israel, to appear for a deposition in New York. Given the absence of any claim that the petitioner is unable to obtain the necessary information by means of written interrogatories, the use of written interrogatories is appropriate in this case (see, CPLR 3130). Mollen, P.J., Lawrence, Kooper, Spatt and Harwood, JJ., concur.