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MATTER OF COUNTY OF SUFFOLK v. KENNEDY

2019-12907. Index No. 408/19.

211 A.D.3d 937 (2022)

180 N.Y.S.3d 585

2022 NY Slip Op 07231

In the Matter of County of Suffolk et al., Appellants, v. John M. Kennedy, Jr., as Suffolk County Comptroller, Respondent.

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

Decided December 21, 2022.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY ( Joseph E. Macy and Daniel J. Evers , of counsel), for appellants.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola, NY ( Peter A. Bee and Jason Greenfield , of counsel), for respondent.

Dillon, J.P., Miller, Christopher and Warhit, JJ., concur.

In a proceeding, inter alia, pursuant to CPLR article 78 in the nature of prohibition, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (David T. Reilly, J.), dated October 15, 2019. The judgment denied the petition, dismissed the proceeding, and granted the respondent's counterclaim to compel the petitioner Theresa Ward to comply with a subpoena dated December 17, 2018.

Ordered that the judgment is affirmed, with costs.

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