In an October 5, 2010 decision by Justice Warshawsky, the court granted the petitioner’s motion pursuant to CPLR § 3102(c) to compel the depositions of intervening parties in an ongoing arbitration. The court had previously granted the petitioner’s parents, who claimed a 50% ownership in subject partnership, to intervene in dissolution proceedings and arbitrate the entire proceeding. The petitioner contests the intervenors’ ownership rights and sought to depose them in aid of arbitration. In granting the application, the court found that extraordinary circumstances existed to invoke its power to order disclosure in arbitration, which is normally used sparingly because: (1) there were serious conflicting facts concerning the intervenors’ ownership of the partnership, (2) the intervenors were 90 years old and the arbitration had not yet begun, and (3) the test of whether the petitioner had adequate knowledge to frame a claim or defense was satisfied.