CAVALLO v. PYTOSH

Ordered that the appeal from the order is dismissed, as that order was superseded by the resettled order; and it is further,

Ordered that the resettled order is affirmed; and it is further, Ordered that one bill of costs is awarded to the respondents, payable by the appellant personally.

"A party seeking discovery from a nonparty witness must show special circumstances" ( Tannenbaum v Tenenbaum, 8 AD3d 360; see Lanzello v Lakritz, 287 AD2d 601). Here, the appellant failed to establish special circumstances to justify her demand for nonparty disclosure, "since she failed to demonstrate that the information sought was otherwise unobtainable" ( Schwarz v Schwarz, 227 AD2d 611, 612; see Tannenbaum v Tenenbaum, 8 AD3d at 360; Matter of Validation Review Assoc. [Berkun — Schimel], 237 AD2d 614, 615). Accordingly, the Surrogate's Court properly granted the objectants' motion for a protective order and to quash certain subpoenas.