McGrath v Town of Irondequoit
2009 NY Slip Op 08423 [67 AD3d 1456]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Karen McGrath et al., Respondents, v Town of Irondequoit, Appellant.

—[*1] Lippman O'Connor, Buffalo (Gerard E. O'Connor of counsel), for defendant-appellant. Michael J. Tuohey, Rochester, for plaintiffs-respondents.

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.

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 [2002]). Present—Smith, J.P., Peradotto, Green, Pine and Gorski, JJ.