Opinion
May 23, 1995
Appeal from the County Court, Suffolk County (Weber, J.).
Ordered that the order is reversed, on the law, with costs, the petition is granted, and the subpoena is quashed.
The respondent has offered "nothing better than conjecture" (People v Gissendanner, 48 N.Y.2d 543, 550) that the subpoenaed material contains evidence which would be relevant in the underlying criminal prosecution (see, Matter of Sabol v People, 203 A.D.2d 369, 370; Matter of County of Nassau v Sullivan, 194 A.D.2d 236, 239). Thus, the subpoena constitutes a fishing expedition (see, Matter of Decrosta v State Police Lab., 182 A.D.2d 930, 931) and the application to quash should have been granted (see, Matter of Constantine v Leto, 157 A.D.2d 376, 379, affd 77 N.Y.2d 975; People v Robinson, 87 A.D.2d 877, 878). Bracken, J.P., Balletta, Rosenblatt and Altman, JJ., concur.