Opinion
October 23, 1989
Appeal from the Supreme Court, Richmond County (Cusick, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, we find that the Supreme Court did not improvidently exercise its discretion in refusing to vacate the plaintiff's notices to take the appellants' depositions upon the ground that criminal charges are pending against them with respect to the same subject matter which is involved in this action (see, Bucci v Lydon, 116 A.D.2d 520, 521). The appellants are required to appear and may invoke their privilege against self-incrimination with respect to specific questions (see, Flushing Natl. Bank v Transamerica Ins. Co., 135 A.D.2d 486; State of New York v Carey Resources, 97 A.D.2d 508). We note that the issue of whether this action should be stayed pending the resolution of the criminal proceedings (see, DeSiervi v Liverzani, 136 A.D.2d 527) is not before us. Brown, J.P., Lawrence, Kooper and Spatt, JJ., concur.