In re T./P. Children

OPINION OF THE COURT

W. Dennis Duggan, J.

The issue presented on this motion is whether CPLR 3126 *334penalties may be imposed for the failure of a party to comply with a discovery demand or must the failure to comply first contravene a CPLR 3124 order to compel. The court finds that CPLR 3126 is available in the first instance.

On November 23, 1994, the respondent served CPLR 3120 disclosure demands on petitioner, Department of Social Services (DSS). DSS was to respond to the demands on or before December 16, 1994. DSS made no request for an extension of time nor objections to the discovery…