NOWAK v. SHERMAN

Order unanimously affirmed without costs. Memorandum: The record does not support plaintiff's contention that a former Special Term Judge had issued an order directing defendant to comply with plaintiff's discovery demands. The affidavit of that Judge's former law clerk does not establish that the Judge had made a final decision that was binding on the successor IAS Judge (see, Martin v City of Cohoes, 37 N.Y.2d 162, 165; George W. Collins, Inc. v Olsker-McClain Indus., 22 A.D.2d 485, 488-489). Furthermore, we find no special circumstances warranting further discovery some 2 1/2 years after filing of the note of issue and statement of readiness (see, Joseph v City of Buffalo, 187 A.D.2d 946, 947, lv granted 82 N.Y.2d 703).