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CIS AIR CORPORATION, PLAINTIFF-RESPONDENT, v. EXPRESS ONE INTERNATIONAL INC., DEFENDANT. WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER LLP, NON-PARTY APPELLANT.

Imposition of sanctions for discovery misfeasance is a matter best left to the trial court's discretion (see Anagnostaros v. 81st St. Residence Corp., 269 A.D.2d 150), and, bearing that in mind, we perceive no sufficient basis to disturb the exercise of discretion here at issue. We note in this connection that appellant's reliance on matters dehors the certified record on appeal is of no avail (see Knolls Cooperative Section No. 2 v. Evans Dev. Corp., 169 A.D.2d 690).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CIS AIR CORP. v. EXPRESS ONE INTL. INC
(Oct 29, 2002)