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MATTER OF T./P. CHILDREN

165 Misc.2d 333 (1995)

629 N.Y.S.2d 677

In the Matter of T./P. Children, Children Alleged to be Neglected. Charlene T., Respondent.

Family Court, Albany County.

June 6, 1995

Attorney(s) appearing for the Case

Mark I. Plaine, Albany, for respondent. Caroline Guresz (Thomas R. Monjeau of counsel), for Albany County Department of Social Services, petitioner. James McSparron, Troy, Law Guardian.

W. DENNIS DUGGAN, J.

The issue presented on this motion is whether CPLR 3126 penalties 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...

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