Susan A. v. Steven J. A.

In a matrimonial action in which the parties were divorced by a judgment dated April 8, 1985, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Geiler J.), dated October 22, 1987, as denied her motion for an order directing the issuance of a commission pursuant to CPLR 3108 to examine a witness in Virginia with respect to her application to modify the visitation provisions of the judgment of divorce.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements, and without prejudice to renewal in accordance herewith.

At bar, the…