REYES v. RIVERSIDE PARK

The motion court properly denied the motion since "absent allegations that the proposed out-of-State deponent would not cooperate with a notice of deposition or would not voluntarily come within this State or that `the judicial imprimatur accompanying a commission will be necessary or helpful when the [designee] seeks the assistance of the foreign court in compelling the witness to attend the examination', the [appellants have] failed to demonstrate that a commission is `necessary or convenient'" ( Susan A. v Steven J.A., 141 AD2d 790, 791 [citation omitted], quoting Wiseman v American Motors Sales Corp., 103 AD2d 230, 235; see also Lewis v Baker, 279 AD2d 380, 380-381). Motion seeking leave to strike portions of the reply brief denied.