Giardina v. James
| Decision Date | 09 July 2020 |
| Docket Number | M-1647,Index 156209/19,11791N |
| Parties | In re Robert GIARDINA, et al., Petitioners-Appellants, v. Letitia JAMES, Attorney General of the State of New York, Respondent-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Hodgson Russ LLP, Buffalo (Jeffrey C. Stravino of counsel), for appellants.
Letitia James, Attorney General, New York (Ari J. Savitzky of counsel), for respondent.
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered November 1, 2019, which denied the petition to quash subpoenas duces tecum issued by respondent, and granted respondent's motion to dismiss the petition and compel compliance, unanimously affirmed, without costs.
Respondent was authorized to issue subpoenas in connection with an investigation into complaints and allegations that petitioners' employer engaged in fraudulent practices in its merchant cash advance business (see Executive Law § 63[12] ; Matter of American Dental Coop. v. Attorney General of State of N.Y., 127 A.D.2d 274, 280, 514 N.Y.S.2d 228 [1st Dept. 1987] ). The information sought "bears a reasonable relationship to the subject matter under investigation and the public interest to be served" ( id. ). Neither petitioners' vague claims of criminal investigations, nor the civil actions pending against their employer warrant a stay of the subpoenas (see Sayre v. Hoey, 113 A.D.3d 482, 978 N.Y.S.2d 679 [1st Dept. 2014] ; New York State Commn. on Govt. Integrity v. Congel, 156 A.D.2d 274, 280, 548 N.Y.S.2d 663 [1st Dept. 1989], appeal dismissed 75 N.Y.2d 836, 552 N.Y.S.2d 922, 552 N.E.2d 170 [1990] ).
Motion to relieve counsel, denied with leave to renew.
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