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GOVERL v. COMMN ON LOBBYING

113 A.D.2d 611 (1986)

In the Matter of Goverl Consulting Corporation et al., Respondents, v. New York Temporary State Commission On Lobbying, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 9, 1986

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for appellant.

Stein, Davidoff & Malito (Larry Hutcher and Robert J. Malito of counsel), for respondents.

WEISS and LEVINE, JJ., concur with CASEY, J.; MAHONEY, P. J., and KANE, J., dissent and vote to affirm in an opinion by MAHONEY, P. J.

CASEY, J.

At issue on this appeal is the validity of a subpoena duces tecum issued on behalf of respondent, the Temporary State Commission on Lobbying, for the production of certain records by petitioner Goverl Consulting Corporation (hereinafter petitioner), a lobbyist which refused to cooperate with respondent in its random audit program. Petitioner contends that the subpoena must be quashed in the absence...

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