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IN THE MATTER OF MASSAR

17 Misc.3d 531 (2007)

844 N.Y.S.2d 646

In the Matter of the Application of ANTHONY MASSAR, as Chairman of the Municipal and Public Affairs Committee of Binghamton City Council, Petitioner, to Compel Compliance with Subpoenas Duly Served on the FAMILY AND CHILDREN'S SOCIETY OF BROOME COUNTY et al., Respondents.

Supreme Court, Broome County.

August 30, 2007.

Attorney(s) appearing for the Case

Douglas Walter Drazen, Binghamton, for petitioner.

Kenneth J. Frank, Corporation Counsel, for City of Binghamton.

Hinman, Howard & Kattell, LLP, Binghamton (Casey Egan Doyle of counsel), for the Family and Children's Society of Broome County, respondent.

Hickey, Sheehan & Gates, P.C., Binghamton (Dennis P. Sheehan of counsel), for Broome County Catholic Charities, respondent.

Daniel L. Gorman, Binghamton, for Opportunities for Broome, Inc., respondent.

OPINION OF THE COURT

FERRIS D. LEBOUS, J.

By way of order to show cause and petition, Anthony Massar seeks to compel three local charitable organizations to comply with subpoenas duces tecum issued by him in his capacity as a member of the City of Binghamton Common Council and chair of the City's Municipal and Public Affairs Committee (CPLR 2308 [b]). This petition is opposed by three of the charitable organizations which were served with said subpoenas...

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