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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46281 Justice Sunshine WITHIN A matrimonial action, plaintiff husband, having tape-recorded defendant and her half-sister, a resident of Toronto, Canada, sought to depose the half-sister as to certain statements on the issues of child custody and domestic violence. Defendant claimed that issuance of letters rogatory was improper. The court, which suppressed the tape recording as wiretapping violative of Penal Law �250.05, rejected issuance of a letter rogatory under Civil Practice Law and Rules �3108 because the procedure of the Canadian court, rather than the CPLR would be invoked. However, finding that the information plaintiff sought by deposing defendant’s half-sister was relevant and may impact on the credibility of defendant’s domestic violence and other claims, the court granted permission to orally depose the half-sister by means of an open commission issued under CPLR �3108. The court required that the deposition be video-recorded pursuant to CPLR �3113(b) so that the witness’ demeanor could be observed.

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