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MATTER OF URBACH v. FARRELL

229 A.D.2d 275 (1997)

656 N.Y.S.2d 448

In the Matter of Michael Urbach, as Commissioner of The New York State Department of Taxation and Finance, Appellant, v. Herman D. Farrell, Jr., as Chair of The New York State Assembly Committee on Ways and Means, Respondent, and Fleet Bank, Appellant

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

April 17, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus and Peter H. Schiff of counsel), for Michael Urbach, appellant.

Whiteman, Osterman & Hanna, Albany (Scott N. Fein and John J. Henry of counsel), for Fleet Bank, appellant.

Mark F. Glaser, Albany (Karen R. Kaufmann and June E. Eustis of counsel), for respondent.

MIKOLL, CREW III, WHITE and YESAWICH JR., JJ., concur.

CARDONA, P. J.

Appeal from an order of the Supreme Court (Hughes, J.), entered July 26, 1996 in Albany County, which partially denied petitioner's motion pursuant to CPLR 2304 to, inter alia, quash a subpoena duces tecum.

In 1995, the Legislature approved a proposal permitting petitioner, the Commissioner of Taxation and Finance, to enter into a contract with respondent Fleet Bank known as PIT...

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