Opinion
6344N 104198/05
12-15-2011
225 5th, L.L.C., Plaintiff-Appellant, v. Fiori Fiori, Inc., etc., et al., Defendants. New York City Human Resources Administration, Nonparty Respondent.
Robert A. Sternbach, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.
, J.P., Sweeny, Acosta, DeGrasse, Abdus-Salaam, JJ.
Robert A. Sternbach, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 15, 2010, which granted the motion of nonparty respondent New York City Human Resources Administration to quash a subpoena duces tecum for the production of certain records, unanimously affirmed, without costs.
The court properly exercised its discretion in quashing plaintiff's subpoena seeking disclosure of defendant Shemesh's application for public assistance. Communications and information relating to persons receiving public assistance and held by a Department of Social Services are confidential (Social Services Law § 136; 18 NYCRR 357.3), and plaintiff failed to show that it was entitled to the confidential records under a specific regulatory exception (see Matter of Commissioner of Social Servs. v Paul C., 73 AD3d 469, 470 [2010], affd 16 NY3d 846 [2011]; D & Z Holding Corp. v City of N.Y. Dept. of Fin., 179 AD2d 796, 798 [1992], lv denied 79 NY2d 758 [1992]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
CLERK