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225 5TH, L.L.C. v. FIORI FIORI, INC.

6344N, 104198/05

90 A.D.3d 517 (2011)

934 N.Y.S.2d 302

2011 NY Slip Op 9019

225 5TH, L.L.C., Appellant, v. FIORI FIORI, INC., et al., Defendants. NEW YORK CITY HUMAN RESOURCES ADMINISTRATION, NONPARTY Respondent.

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

Decided December 15, 2011.

The court properly exercised its discretion in quashing plaintiff's subpoena seeking disclosure of defendant Shemesh's application for public assistance. Communications and information relating to persons receiving public assistance and held by a Department of Social Services are confidential (Social Services Law § 136; 18 NYCRR 357.3), and plaintiff failed to show that it was entitled to the confidential records under a specific regulatory exception (see Matter of...

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