Rampersad v. New York City Department of Education
Opinion of the Court
Order, Supreme Court, Bronx County (Paul A. Victor, J.), entered December 5, 2005, which struck defendants’ answer for failure to comply with a conditional, self-executing order, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 18, 2005, which directed the production of certain enumerated discovery, unanimously dismissed as moot, without costs.
To the extent necessary, we deem the notice of appeal to be a motion for leave to appeal (CPLR 5701 [c]), and grant such leave. The record is sufficient to permit review of the motion court’s findings even if its order, entered December 5, 2005, was not made pursuant to a motion on notice.
A self-executing order having been issued, requiring production of a witness on a date certain, defendants were cognizant of the repercussions of their failure to produce. Rather than produce a witness, or contact the court for a protective order for
Case-law data current through December 31, 2025. Source: CourtListener bulk data.