Opinion
October 5, 1992
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.
It is well settled that a party who desires discovery after the filing of a note of issue must move for vacatur of the note of issue within 20 days after service of the note of issue (see, 22 NYCRR 202.21 [e]; Keane v Ranbar Packing, 121 A.D.2d 601). It is equally well established that the movant must demonstrate that "unusual and unanticipated circumstances develop[ed] subsequent to the filing of [the] note of issue and certificate of readiness which require pretrial proceedings to prevent substantial prejudice" ( 22 NYCRR 202.21 [d]; Bonavita v Crudo, 124 A.D.2d 619, 620; Keane v Ranbar Packing, supra). In the case at bar, the defendant complied with neither requirement, and is, therefore, not entitled to depose the plaintiff. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.