Opinion
May 27, 1981
Appeal from the Onondaga Supreme Court.
Present — Dillon, P.J., Cardamone, Hancock, Jr., Denman and Schnepp, JJ.
Order unanimously reversed, without costs, and application denied. Memorandum: Special Term erred in quashing a subpoena duces tecum issued by appellants to Marine Midland Bank directing the production of bank records concerning deposits and other financial transactions of respondents. As depositors respondents have no legitimate expectation of privacy and no cognizable Fourth Amendment interest in such bank records and, therefore, lack standing to challenge the subpoena (see United States v Miller, 425 U.S. 435, 440-445; Matter of Cappetta, 42 N.Y.2d 1066, affg 57 A.D.2d 596, affg 89 Misc.2d 943; Matter of Shapiro v Chase Manhattan Bank, N.A., 53 A.D.2d 542; Cunningham Kaming v Nadjari, 53 A.D.2d 520; Matter of Democratic County Committee of Bronx County v Nadjari, 52 A.D.2d 70).