Matter of Ayliffe & Cos

In Matter of Ayliffe & Cos., (166 AD2d 223 [1st Dept 1990]) the First Department examined what factors it should consider regarding objections to the decisions of out of state commissions. There, the court held: "the court's inquiry with respect to objections raised by persons required to testify pursuant to CPLR 3102 (e) is limited to determining (1) whether the witnesses' fundamental rights are preserved; (2) whether the scope of inquiry falls within the issues of the pending out-of-State action; and (3) whether the examination is fair. The courts will not prejudge the materiality or the competency of the evidence in a cause pending in another jurisdiction and will afford the widest possible latitude in the conduct of such examinations". (Id. at 224.)