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LAZZARO v. COUNTY OF NASSAU

Appellate Division of the Supreme Court of New York, Second Department.
Jun 16, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court properly found that the subpoena duces tecum which the defendants served upon a nonparty, Joseph Lazzaro, was facially defective because it neither contained nor was accompanied by a notice stating the "circumstances or reasons such disclosure is * * * required" (CPLR 3101 [a] [4]; see, Bigman v. Dime Sav. Bank, 138 A.D.2d 438).

The defendants' remaining contention is without merit.

Bracken, J.P., O'Brien, Santucci, Friedmann and Goldstein, JJ., concur.