Sano Construction Corp. v. City of New York Department of Investigation

Full title: SANO CONSTRUCTION CORPORATION, Petitioner-appellant, v. THE CITY OF NEW…

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

Date published: Dec 12, 2002

300 A.D.2d 93 (N.Y. App. Div. 2002)

750 N.Y.S.2d 848

Opinion

2556N

December 12, 2002.

Order, Supreme Court, New York County (Faviola Soto, J.), entered August 7, 2002, directing petitioner's compliance with respondent Department of Investigation's subpoena within 30 days, unanimously affirmed, without costs.

Ronald J. Berk, for petitioner-appellant.

Alan Beckoff, for respondent-respondent.

Before: WILLIAMS, P.J., NARDELLI, MAZZARELLI, BUCKLEY, GONZALEZ, JJ.

After an in camera review of the confidential materials submitted by DOI to the motion court, we find that DOI made a threshold showing that the underlying complaint is authentic, that it is of sufficient substance to warrant investigation and that the documents sought, including those that pertain to petitioner's non-municipal contracts, are relevant to that investigation (Matter of New York City Dept. of Investigation v. Passannante, 148 A.D.2d 101, 105).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.