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Karen Mcgrath and Steven Foley v. Town of Irondequoit

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 13, 2009

KAREN MCGRATH AND STEVEN FOLEY, PLAINTIFFS-RESPONDENTS,
v.
TOWN OF IRONDEQUOIT,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered August 28, 2008.

1462

PRESENT: SMITH, J.P., PERADOTTO, GREEN, PINE, AND GORSKI, JJ.

ORDER

The order granted the motion of plaintiffs to take the oral deposition of a nonparty witness.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see CPLR 3101 [d] [1] [iii]; Brooklyn Floor Maintenance Co. v Providence Washington Ins. Co., 296 AD2d 520, 521-522).

Patricia L. Morgan Clerk of the Court

20091113

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