IN THE MATTER OF PARKHOUSE


55 A.D.3d 1 (2008)

863 N.Y.S.2d 400

In the Matter of VIRGINIA PARKHOUSE, Appellant, v. SCOTT M. STRINGER, as Borough President of Manhattan, et al., Respondents.

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

August 19, 2008.


Attorney(s) appearing for the Case

Whitney North Seymour, Jr., New York City, and Gabriel North Seymour, Falls Village, Connecticut, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams and Leonard Koerner of counsel), for respondents.

Matthew Faiella, Arthur Eisenberg and Daniel J. Freeman, New York City, for New York Civil Liberties Union, amicus curiae.

LIPPMAN, P.J., GONZALEZ and MOSKOWITZ, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

This matter presents two significant issues. The first is whether the Department of Investigation of the City of New York (DOI) has the authority, while conducting an investigation, to subpoena testimony from a private citizen who, although not a New York City employee or in privity with the City, has information relevant to a DOI investigation. If this issue is resolved in the affirmative, then the second must be addressed...

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