Carl Andrews & Associates, Inc. v. Office of Inspector General
Opinion of the Court
Order and judgment (one paper), Supreme Court, New York County (Saliann Scarpulla, J.), entered October 4, 2010, inter alia, denying the petition to quash the subpoena duces tecum served on petitioner by respondent Office of the Inspector General, unanimously affirmed, without costs.
We reject petitioner’s contention that because the Inspector General’s jurisdiction is limited to the activities of executive branch agencies (see Executive Law § 51), his subpoena power over non-executive branch agencies is limited to documents that on their face show a connection to the activities of executive branch agencies. Pursuant to Executive Law § 54 (3), the Inspector General has the power to “require the production of any books and papers deemed relevant or material to any investigation, examination or review.” The statute imposes no limitation other than relevancy and materiality on the books and papers the Inspector General may require to be produced.
The subject subpoena was issued to petitioner, a lobbying company, by the Inspector General in the course of his investigation of the executive agencies and officials involved in evaluating and selecting the video lottery terminal (VLT) franchise for the Aqueduct racetrack, colloquially known as the “racino.” The relevance and materiality of the subpoenaed documents to that investigation is demonstrated by the record. The selection process involved the Division of Lottery, the Division of the
Petitioner’s argument that it had no contact with any executive branch agency or employee regarding the “racino” process and therefore would have no documents responsive to the subpoena “is a matter to be stated in response to the subpoena, not a basis for quashing it” (Matter of Goldin v Greenberg, 49 NY2d 566, 572 [1980]).
We have considered petitioner’s remaining arguments and find them unavailing. Concur — Tom, J.P., Acosta, Renwick and DeGrasse, JJ. [Prior Case History: 30 Misc 3d 271.]
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