Appellate Division of the Supreme Court of the State of New York November 17, 1997 (Kekis v. Park Slope Emergency Physician Service, P. C.)

—In an action to recover damages for medical malpractice, the plaintiff appeals (1) from an order of the Supreme Court, Kings County (Bellard, J.), dated March 8, 1995, which denied his motions to (a) depose nonparty witness Joseph D’Allessio upon an open commission pursuant to CPLR 3108 and (b) extend the plaintiffs time to file a note of issue, and (2), as limited by his brief, from so much of