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HANA NINA STEVENS, plf, v. WILLIAM A. CAHILL, JR., AS ANCILLARY ADMINISTRATOR CTA AND ALICIA HEINIGER AS ANCILLARY EXECUTOR OF THE ESTATE OF PATRICK HEINIGER, Deceased, and HODET CORP., def, (13/2228/C) — Plaintiff Hana Nina Stevens seeks replevin and other relief against the ancillary fiduciaries of the estate of decedent Patrick Heiniger and a corporation, the Hodet Corp., the defendants in this action transferred from Supreme Court. Defendants have moved before this court to compel compliance, pursuant to CPLR 2308(b), with a subpoena seeking an examination and documents from two non-party witnesses, Tony Shafrazi and John Czaplicki. The latter has appeared for an examination, and counsel has confirmed that the instant motion to compel compliance is now withdrawn as to Czaplicki.

At the call of the calendar on January 30, 2015, Shafrazi, though personally served with the subpoena and the motion to compel compliance, did not appear. The court granted the motion to compel compliance with the subpoena and ordered Shafrazi to appear for a deposition of not more than 4 hours duration1 at the offices of movants’ counsel, 1 World Financial Center, no later than March 6, 2015. Shafrazi was directed to produce the documents requested and not previously provided no later than February 27, 2015, to counsel for the parties, and the court adds the proviso that if the examination is scheduled for earlier than March 6, Shafrazi shall produce such documents seven days prior to his examination.

 
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