Citation Codes Equivalent Citations citation codes Docket Number 4956 Judges Luis A. Gonzalez John W. Sweeny See more information ... Smart Summary Please sign up to generate summary. HOWARD ROTH, Respondent, v. KAREN A. PAKSTIS, as Assistant Deputy Commissioner of New York City Police Department, License Di The grant of discovery in this matter was a proper exercise of discretion under CPLR 408, inasmuch as the data requested were material to the action ( see Matter of Goldstein v. McGuire, 84 AD2d 697) and unavailable by other means.