Legal Opinion

In re Flood

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1990Published

1Opinion of the Court

In a proceeding pursuant to CPLR 3102 (c) for disclosure in aid of arbitration, the petitioner *781appeals from an order of the Supreme Court, Suffolk County (Jones, J.), entered August 19, 1988, which denied its application for leave to conduct discovery.

Ordered that the order is affirmed, with costs.

The petitioner school district failed to establish that "extraordinary circumstances” exist which would warrant court-ordered disclosure in this arbitration proceeding (see, De Sapio v Kohlmeyer, 35 NY2d 402; Hendler & Murray v Lambert, 147 AD2d 442; CPLR 3102 [c]). The issue to be arbitrated was…

2Cases cited2 opinions

  1. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  2. Hendler & Murray v. LambertAppellate Division of the Supreme Court of the State of New York · 1989

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