225 5th, L.L.C. v. Fiori Fiori, Inc.

Appellate Division of the Supreme Court of New York

225 5th, L.L.C. v. Fiori Fiori, Inc.

90 A.D.3d 517, 934 N.Y.2d 302

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 2011

StatusPublished

Cited by2 cases

This text of 90 A.D.3d 517 (225 5th, L.L.C. v. Fiori Fiori, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

225 5th, L.L.C. v. Fiori Fiori, Inc., 90 A.D.3d 517, 934 N.Y.2d 302 (N.Y. Ct. App. 2011).

Pincite

Opinion

The court properly exercised its discretion in quashing plaintiffs subpoena seeking disclosure of defendant Shemesh’s application for public assistance. Communications and information relating to persons receiving public assistance and held by a Department of Social Services are confidential (Social Services Law § 136; 18 NYCRR 357.3), and plaintiff failed to show that it was entitled to the confidential records under a specific regulatory exception (see Matter of Commissioner of Social Servs. v Paul C., 73 AD3d 469, 470 [2010], affd 16 NY3d 846 [2011]; D & Z Holding Corp. v City of N.Y. Dept. of Fin., 179 AD2d 796, 798 [1992], lv denied 79 NY2d 758 [1992]). Concur — Saxe, J.P, Sweeny, Acosta, DeGrasse and Abdus-Salaam, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

The court properly exercised its discretion in quashing plaintiffs subpoena seeking disclosure of defendant Shemesh’s application for public assistance. Communications and information relating to persons receiving public assistance and held by a Department of Social Services are confidential (Social Services Law § 136; 18 NYCRR 357.3), and plaintiff failed to show that it was entitled to the confidential records under a specific regulatory exception (see Matter of Commissioner of Social Servs. v Paul C., 73 AD3d 469, 470 [2010], affd 16 NY3d 846 [2011]; D & Z Holding Corp. v City of N.Y. Dept. of Fin., 179 AD2d 796, 798 [1992], lv denied 79 NY2d 758 [1992]). Concur — Saxe, J.P, Sweeny, Acosta, DeGrasse and Abdus-Salaam, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

90 A.D.3d 517, 934 N.Y.2d 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/225-5th-llc-v-fiori-fiori-inc-nyappdiv-2011.

Opinion

Related

Cite This Page — Counsel Stack