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Estate of Graffeo

Attorney Granted Motion to Quash Subpoena as Information Sought Not Material, Relevant

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The following papers were considered in the preparation of this decision:Notice of Motion, Affidavit and Exhibits             1Affirmation in Support of Cross-Motion and Opposition & Exhibits   2Reply Affirmation in Support of Motion              3Reply Affidavit in Support of Cross-Motion and Opposition              4DECISION & ORDER

*1 Before the court is a motion by Robert Kurre, Esq., (“Kurre”) counsel for the petitioner, Lenore McQuade (“petitioner”), and respondent, Diane Young (“respondent Young”), for an order: (1) pursuant to CPLR §2304 quashing and vacating the subpoena ad testificandum served by respondent, Haydee Reyes-Galecio (“respondent Reyes-Galecio”), upon non-party Kurre; (b) pursuant to CPLR §3103 granting a protective order relieving non-party Kurre of an obligation to appear for a deposition until such time as the court directs; (c) pursuant to Part 130 of the Rules of the Chief Administrator imposing costs and sanctions on the respondent, Reyes-Galecio, and/or her counsel, Mahon, Mahon, Kerins & O’Brien, LLC, on the basis that the aforesaid subpoena ad testificandum served upon Kurre is frivolous in that it is completely without merit in law and cannot be supported by a*2

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