In re Erie County Correctional Facility

186 A.D.2d 1045, 590 N.Y.S.2d 778, 1992 N.Y. App. Div. LEXIS 11646

Opinion

— Order unanimously affirmed without costs. Memorandum: Because the administrative agency and presiding officer conducting these disciplinary proceedings have expressly been delegated the specific statutory authority to issue subpoenas duces tecum (see, Education Law § 6510 [3] [a]; [4]; State Administrative Procedure Act § 304 [2]), Supreme Court properly denied the Erie County Correctional Facility’s CPLR 2307 application without prejudice to its renewal before the presiding officer (Matter of Irwin v Board of Regents, 27 NY2d 292, 296-297; Matter of Anonymous v State Dept. of Health, 173 AD2d 988, 989; Matter of Whalan v John P., 72 ). (Appeal from Order of Supreme Court, Erie County, Rath, Jr., J. — Subpoena Duces Tecum.) Present— Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.