Majority
p. 634In the Matter of Dairymen’s League Cooperative Association, Inc., Appellant, against John M. Murtagh, as Commissioner of Investigation of the City of New York, Respondent. Argued February 24, 1949; decided May 19, 1949.
p. 635
Theodore Kiendl, Seward A. Miller and Spencer Byard for appellant.
John P. McGrath, Corporation Counsel (Charles F. Preusse, W. Bernard Richland, Bernard Friedlamder and Barbara Carroll of counsel), for respondent.
Laurence Arnold Tamser for Commerce and Industry Association of New York, Inc., amicus curiae, in support of appellant’s position.
We agree with the Appellate Division that in this investigation directed by the Mayor, the commissioner of investigation was authorized to subpoena the records and information herein sought from the appellant (New York City Charter, § 803, subd. 1). We also agree that the information sought by the subpoena duces tecum was relevant tp the inquiry (Matter of
p. 636
Edge Ho Holding Corp., 256 N. Y. 374 ). We pass upon no other question. The order should be affirmed, with costs.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ., concur.
Order affirmed.
Cases cited
- In re Edge Ho Holding Corp. 256 N. Y. 374 p. 636