FOGELSON v. BARST MUKAMAL

The IAS Court has the discretion to excuse compliance with the ten-day limit of CPLR 3122 (see, Matter of Handel v Handel, 26 N.Y.2d 853), and there was here no abuse of that discretion. Defendants did not make the required showing that the tax returns contain necessary information that could not be obtained elsewhere (see, Gordon v Grossman, 183 A.D.2d 669 ).

Concur — Carro, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.