De Laney v Wegmans Food Mkts., Inc.
2004 NY Slip Op 08550 [12 AD3d 1206]
Decided on November 19, 2004
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PINE, J.P., HURLBUTT, SCUDDER, MARTOCHE, AND LAWTON, JJ.

1484.3 CA 04-01228

[*1]DIANA DE LANEY, PLAINTIFF-RESPONDENT, ORDER

v

WEGMANS FOOD MARKETS, INC., DOING BUSINESS AS CHASE PITKIN HOME & GARDEN STORE, DEFENDANT-APPELLANT. (APPEAL NO. 2.)



Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered May 24, 2004. The order, insofar as appealed from, granted plaintiff's application to depose an employee of defendant.


WARD NORRIS HELLER & REIDY LLP, ROCHESTER (DANIEL P. PURCELL OF COUNSEL), FOR DEFENDANT-APPELLANT.
FARACI & LANGE, LLP, ROCHESTER (BRIAN M. ZORN OF COUNSEL), AND LOHF SHAIMAN JACOBS HYMAN & FEIGER, PC, DENVER, COLORADO, FOR PLAINTIFF-RESPONDENT.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court