Opinion
April 11, 1988
Appeal from the Supreme Court, Nassau County (Yachnin, J.).
Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Nassau County, to set a new timetable for when the depositions shall be conducted.
Contrary to the defendants' contentions, the Supreme Court properly denied them a protective order vacating the plaintiff's notices to depose the defendant members of the Town Council of Oyster Bay. We note that the plaintiff has agreed, and the Supreme Court has specifically ordered, that the testimony to be elicited by the plaintiff of the members of the Town Council at their depositions shall not include inquiries into their legislative motives with regard to the challenged zoning determinations which form the basis of the plaintiff's suit (see, Redco v. Town of Oyster Bay, 87 A.D.2d 647; Reformed Church v. City of Yonkers, 8 A.D.2d 639; cf., Aronson v. City of Mount Vernon, 116 A.D.2d 613, 614). Brown, J.P., Weinstein, Spatt and Balletta, JJ., concur.