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Matter of Bergmann v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1995
218 A.D.2d 768 (N.Y. App. Div. 1995)

Opinion

August 22, 1995

Appeal from the Supreme Court, Suffolk County (Stark, J.).


Ordered that the order is affirmed, without costs or disbursements.

The subpoena duces tecum issued by the court upon the petitioners' application was broadly framed to compel the production of numerous personnel records, telephone message pads, and time sheets of Town employees, as well as the minutes of meetings at which employees were appointed to their positions. On the record before this Court, the petitioners failed to demonstrate, in response to the Town's oral motion to quash the subpoena, that the documents were relevant and material, or that the subpoena constituted anything but a "fishing expedition" (see, Matter of Constantine v. Leto, 157 A.D.2d 376, affd 77 N.Y.2d 975; see also, Matter of New York State Dept. of Labor v Robinson, 87 A.D.2d 877). Mangano, P.J., Thompson, Pizzuto and Goldstein, JJ., concur.


Summaries of

Matter of Bergmann v. Berger

Appellate Division of the Supreme Court of New York, Second Department
Aug 22, 1995
218 A.D.2d 768 (N.Y. App. Div. 1995)
Case details for

Matter of Bergmann v. Berger

Case Details

Full title:In the Matter of CAROL BERGMANN et al., Appellants, v. GERALD BERGER et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 22, 1995

Citations

218 A.D.2d 768 (N.Y. App. Div. 1995)
631 N.Y.S.2d 246