Opinion
2002-02604
Submitted February 5, 2003.
March 3, 2003.
In an action to recover damages for assault, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCaffrey, J.), dated February 13, 2002, as denied that branch of his motion which was to depose six designated correction officers employed by the defendant Nassau County.
Mallilo Grossman, Flushing, N.Y. (Francesco Pomara, Jr., of counsel), for appellant.
Lorna B. Goodman, County Attorney, Mineola, N.Y. (David B. Goldin of counsel), for respondents.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to adequately show that the designated correction officers possess knowledge of the facts bearing on the issues in this case (see MS Partnership v. Wal-Mart Stores, 273 A.D.2d 858; Defina v. Brooklyn Union Gas Co., 217 A.D.2d 681; Dwyer v. State, 158 A.D.2d 660). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to depose these officers (see CPLR 3101).
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.