SHORT FORM ORDER
SUPREME COURT - STATE OF NEW YORK
PRESENT: HON. R. BRUCE COZZENS , JR.
Justice.
CONNLL FRL and LAURA A. FRIEL
TRIAL/IAS PART 10
NASSAU COUNY
Plaintiff(s),
MOTION #008, 009
-against-
REV. CHAES E. PAPA , DIOCESE OF
ROCKVILLE CENTRE , ST. LOUIS deMONTFORT
C. CHUCH , REV. WILIAM J. MURPHY
individually and as Bishop and Administrator
of the DIOCESE OF ROCKVILLE CENTRE;
SISTER MARGARET JUDGE , Individually and
as Assistant Director of Religious Education; and
KATHEEN SWEENEY , individually and as
Assistat Director of Religious Education of
ST. LOUIS de MONTORT R. C. CHUCH
Defendant(s).
TIE)(#4285/2004
MOTION DATE:
March 7 , 2007
The following papers read on ths motion:
Notice of Motion..................................................................
Notice of Cross Motion............ ............................................
Answering Affdavits...........................................................
Upon the foregoing papers, it is ordered that plaintiffs motion to compel the defendant
Bishop William Murhy to appear for a deposition , and the defendants ' cross-motion for an
order denying plaintiffs motion and for a protective order vacating the Notices to take the
depositions of Mar Lou Pinto and Rev. Steven Donnelly, are determned as hereinafter set
fort.
applications arse out of plaintiffs Notice to take the deposition of defendant
Bishop William Murphy as well as the depositions of Mar Lou Pinto, a secretar employed by
the defendant St. Louis deMontfort, and Rev. Steven Donnelly, formerly employed by St.
The instat
Louis deMontfort.
In support of the motion, the plaintiff maintains that, as the result of claims pursuant to
740, the deposition of Bishop Murphy is necessar due to the fact that he is a
named defendant and that he was involved in every aspect of this case. The plaintiff maintains
that he had direct contact with the Bishop in person , by letter and e-mail, both before and after
his termnation.
Labor Law
Friel v Papa
Indexc #4285/2004
In opposition to the motion and in support of the cross-motion, the defendant maintains
that the requested depositions are drven by a desire to embarass and harass the defendant.
Furter, the defendant maintains that the testimony of the defendant Rev. Charles Papa was
adequate to establish that Bishop Murphy played no role in plaintiffs termnation.
As it related to the depositions of Mar Lou Pinto and Rev. Steven Donnelly, the plaintiff
maintans that they are fact witnesses to certain issues presented in the instant matter.
Pursuant to CPLR 3101 (a), ' full disclosure of all matter material and necessar in the
prosecution or defense of an action ' is required. The phrase ' material and necessar ' should be
interpreted liberally to require disclosure, upon request, of any facts bearng on the controversy
which will assist preparation for tral by sharening the issues and reducing delay and prolixity.
The test is one of usefulness and reason
21 NY2d 403 406
Crowell288 NYS2d 449, 235 NE2d 430
30294 NY2d 740, 746 , 709
NYS2d 873, 731 NE2d 589). Whle the disclosure provisions of the CPLR are ordinarly to
constred liberally, ' the scope of permssible discovery is not entiely unlimited and the tral
court is invested with broad discretion to supervise discovery and to determne what is " material
and necessar " as that phrase is used in CPLR 3101
Fleet/Norstar Fin.
192 AD2d 1032 597 NYS2d 236).
30 AD3d 451 , 816 NYS2d 376.
In the instant matter , the Court finds that the deposition testimony of Bishop Murhy to
be material and necessar to the issues in this case, especially the cause of action premised upon
Labor Law ~740. As such , the plaintiffs motion is granted. The defendant Bishop shall appear
for a deposition within 45 days of service of this order with notice of entr.
The defendants ' cross-motion is denied. The Cour finds the testimony of Mar Lou
Pinto and the Rev. Steven Donnelly material and necessar in that both witnessed certain
statements that have a diect bearng on the issues in ths case.
There shall be a certification conference before the undersigned on September 12, 2007 at
9:30 a.
(Allen
Collier Publ. Co.,
see Andon
4 Mott St. Assoc.,
(a)'
Group,
Dated:
Auerbach
JUN
2 0
(NBT Bancorp
Klein,
2007
ENTERED
JUN 2 5 2007
NAHAU COUNTY
COUNTY Cli!K'
OPP