NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
November 13, 2009
KAREN MCGRATH ET AL., RESPONDENTS,
TOWN OF IRONDEQUOIT, APPELLANT.
Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 28, 2008. The order granted the motion of plaintiffs to take the oral deposition of a nonparty witness.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010
It is hereby ordered that the order so appealed from is unanimously affirmed without costs (see CPLR 3101 [d]  [iii]; Brooklyn Floor Maintenance Co. v Providence Washington Ins. Co., 296 AD2d 520, 521-522 ).
Present---Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.
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