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

225 5th, L.L.C. v Fiori Fiori, Inc. 2011 NY Slip Op 09019 Decided on December 15, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 15, 2011
Saxe, J.P., Sweeny, Acosta, DeGrasse, Abdus-Salaam, JJ.
6344N 104198/05

[*1]225 5th, L.L.C., Plaintiff-Appellant,

v

Fiori Fiori, Inc., etc., et al., Defendants. New York City Human Resources Administration, Nonparty Respondent.




Robert A. Sternbach, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Fay Ng
of counsel), for respondent.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 15, 2010, which granted the motion of nonparty respondent New York City Human Resources Administration to quash a subpoena duces tecum for the production of certain records, unanimously affirmed, without costs.

The court properly exercised its discretion in quashing plaintiff's 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]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 15, 2011

CLERK