In re Metro Fuel Oil Corp.

Appellate Division of the Supreme Court of New York

In re Metro Fuel Oil Corp.

224 A.D.2d 696, 638 N.Y.S.2d 709, 1996 N.Y. App. Div. LEXIS 1941

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

DecidedFebruary 26, 1996

StatusPublished

This text of 224 A.D.2d 696 (In re Metro Fuel Oil Corp.) 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

In re Metro Fuel Oil Corp., 224 A.D.2d 696, 638 N.Y.S.2d 709, 1996 N.Y. App. Div. LEXIS 1941 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In a proceeding pursuant to CPLR 2304 to quash a subpoena duces tecum issued to Alan Nisselson, their trustee in bankruptcy, the petitioners appeal from so much of an order of the Supreme Court, Kings County (Garry, J.), dated March 1, 1995, as denied their application to quash the subpoena duces tecum to the extent it sought documents covering the period December 1, 1987, through December 31, 1993.

[697]*697Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the subpoena duces tecum is quashed to the extent it seeks documents covering the period December 1, 1987, through December 31, 1993.

The respondents have made no showing that the subject records are still in Alan Nisselson’s possession. Moreover, since the records belong to the appellants, they are the appropriate parties to whom subpoenas should be issued.

We have reviewed the appellants’ remaining contentions and find them to be without merit. Santucci, J. P., Krausman, Goldstein and Florio, JJ., concur.

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—In a proceeding pursuant to CPLR 2304 to quash a subpoena duces tecum issued to Alan Nisselson, their trustee in bankruptcy, the petitioners appeal from so much of an order of the Supreme Court, Kings County (Garry, J.), dated March 1, 1995, as denied their application to quash the subpoena duces tecum to the extent it sought documents covering the period December 1, 1987, through December 31, 1993.

[697]*697Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the subpoena duces tecum is quashed to the extent it seeks documents covering the period December 1, 1987, through December 31, 1993.

The respondents have made no showing that the subject records are still in Alan Nisselson’s possession. Moreover, since the records belong to the appellants, they are the appropriate parties to whom subpoenas should be issued.

We have reviewed the appellants’ remaining contentions and find them to be without merit. Santucci, J. P., Krausman, Goldstein and Florio, JJ., concur.

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Bluebook (online)

224 A.D.2d 696, 638 N.Y.S.2d 709, 1996 N.Y. App. Div. LEXIS 1941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-metro-fuel-oil-corp-nyappdiv-1996.