| Constantino v Dock's Clam Bar & Pasta House |
| 2009 NY Slip Op 01602 [60 AD3d 612] |
| March 3, 2009 |
| Appellate Division, Second Department |
| 7—Christopher Constantino et al.,Respondents, v Dock's Clam Bar and Pasta House et al., Defendants, and TottenvilleCommons et al., Appellants. (And a Third-Party Action.) |
—[*1] Trolman, Glaser & Lichtman, PC, New York, N.Y. (Michael T. Altman of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the defendants TottenvilleCommons and John Noce appeal, as limited by their brief, from so much of an order of theSupreme Court, Richmond County (Gigante, J.), dated December 11, 2007, as denied that branchof their motion which was to compel the plaintiff Christopher Constantino to provideauthorization for the release of his high school records.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court has broad discretion in the supervision of discovery, and itsdeterminations should not be disturbed on appeal unless improvidently made (see Matter ofU. S. Pioneer Elecs. Corp. [Nikko Elec. Corp. of Am.], 47 NY2d 914, 916 [1979]; Pacheco v New York City Hous. Auth.,48 AD3d 534 [2008]; Gillen vUtica First Ins. Co., 41 AD3d 647 [2007]; [*2]Mattocks v White Motor Corp., 258 AD2d 628 [1999]). TheSupreme Court providently exercised its discretion in concluding, inter alia, that the additionaldiscovery sought by the appellants was neither material nor necessary (see CPLR 3101[a]; Youngquist v Youngquist, 44AD3d 1034, 1035 [2007]; Auerbach v Klein, 30 AD3d 451, 452 [2006]). Skelos, J.P.,Santucci, Angiolillo, Dickerson and Chambers, JJ., concur.