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MATTER OF COMPTROLLER OF THE CITY OF N.Y. v. CITY OF NEW YORK

Index No. 452285/20. Appeal No. 14062. Case No. 2020-05045.

197 A.D.3d 424 (2021)

152 N.Y.S.3d 16

2021 NY Slip Op 04685

In the Matter of Comptroller of the City of New York, Appellant-Respondent, v. City of New York, Respondent-Appellant.

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

Decided August 12, 2021.

Attorney(s) appearing for the Case

Morrison Cohen LLP, New York ( Y. David Scharf of counsel), for appellant-respondent.

James E. Johnson , Corporation Counsel, New York ( Jeremy W. Shweder of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kern, Singh, Moulton, JJ.

Under section 93(b) of the NY City Charter, the Comptroller, as the City's chief fiscal officer, has the broad power to "audit and investigate all matters relating to or affecting the finances of the city, including without limitation the performance of contracts and the receipt and expenditure of city funds." This investigative power includes the authority to compel testimony and the production of documents relating to City financial matters from "such persons as the [C...

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