Lynch v. Office of Labor Relations

Order, Supreme Court, New York County (Lewis Bart Stone, J.), entered August 6, 2004, which dismissed this proceeding to compel compliance with subpoenas duces tecum served in February 2004, without prejudice to reinstatement, unanimously affirmed, without costs.

The IAS court erred in concluding that our prior decision in Matter of Patrolmen’s Benevolent Assn. of City of N.Y. v City of New York (293 AD2d 253 [2002], lv denied 98 NY2d 608 [2002]) deprived it of jurisdiction under CPLR 2308 (b) to compel compliance with petitioner’s nonjudicial subpoenas. However, the petition was properly…