[U] Farina V. Merchants Insurance Company Of New Hampshire

Motion (seq. no. 3) by the attorney for the plaintiff for an Order pursuant to CPLR 3120(b) directing the Nassau County Fire Marshal, a non-party, to produce the Fire Marshal's Report(s), photographs, statements, interviews and all other documents, recordings and reports prepared and maintained by them regarding its investigation of the fire that occurred on August 12, 2001 at 627 Peninsula Boulevard, Hempstead, New York, is granted and cross-motion (seq. no. 4) by the attorney for the Nassau County Attorney on behalf of non-party Nassau County Fire Commission Office of the Fire Marshal for an Order pursuant to CPLR 2304 and CPLR 2307 to quash the judicial subpoena dated January 20, 2005; pursuant to CPLR 710 to surpress the disclosure of the documents sought; and pursuant to CPLR 3103 for a protective order, is denied.