Opinion
09-16-2015
In the Matter of BEATRICE R.H. (Anonymous), respondent. Dean E.H. (Anonymous), appellant; Penny F.H. (Anonymous), nonparty-respondent.
Jaspan Schlesinger LLP, Garden City, N.Y. (Steven R. Schlesinger and Marci S. Zinn of counsel), for appellant. McCoyd Parkas & Ronan LLP, Garden City, N.Y. (Mitchell J. Studley, Christopher P. Ronan, and Michelle A. Dantuono of counsel), for nonparty-respondent.
Jaspan Schlesinger LLP, Garden City, N.Y. (Steven R. Schlesinger and Marci S. Zinn of counsel), for appellant.
McCoyd Parkas & Ronan LLP, Garden City, N.Y. (Mitchell J. Studley, Christopher P. Ronan, and Michelle A. Dantuono of counsel), for nonparty-respondent.
Opinion In a proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian of the person and property of Beatrice R.H., an alleged incapacitated person, the petitioner appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), dated September 5, 2014, which denied his postjudgment motion to direct depositions of “all parties who have appeared in this proceeding.”
ORDERED that the order is affirmed, with costs.
In a proceeding such as this, where disclosure is available only by leave of the court, the Supreme Court has broad discretion in granting or denying disclosure (see CPLR 408 ; Matter of City of Glen Cove Indus. Dev. Agency v. Doxey, 79 A.D.3d 1038, 1038, 915 N.Y.S.2d 95 ; Matter of Grossman v. McMahon, 261 A.D.2d 54, 57, 699 N.Y.S.2d 582 ; Matter of Town of Pleasant Val. v. New York State Bd. of Real Prop. Servs., 253 A.D.2d 8, 16, 685 N.Y.S.2d 74 ). Contrary to the petitioner's contention, the Supreme Court providently exercised its discretion in denying his postjudgment motion for leave to conduct certain discovery, since the information sought was not material and relevant to the prosecution or defense of this proceeding (see CPLR 3101[a] ; Matter of General Elec. Co. v. Macejka, 117 A.D.2d 896, 897, 498 N.Y.S.2d 905 ; Matter of Rice v. Belfiore, 15 Misc.3d 1105[A], 2007 N.Y. Slip Op. 50511[U], 2007 WL 813335 [Sup.Ct., Westchester County] ).
LEVENTHAL, J.P., DICKERSON, ROMAN and HINDS–RADIX, JJ., concur.