Legal Opinion

225 5th, L.L.C. v. Fiori Fiori, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2011PublishedCited by 1 opinion

1Opinion of the Court

The court properly exercised its discretion in quashing plaintiffs 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 Commissioner of Social Servs. v Paul C., 73 AD3d 469, 470 [2010], affd 16 NY3d 846 [2011]; D & Z Holding Corp. v City of N.Y.…

2Cases cited3 opinions

  1. D & Z Holding Corp. v. City of New York Department of FinanceAppellate Division of the Supreme Court of the State of New York · 1992
  2. Commissioner of Social Services v. Paul C.New York Court of Appeals · 2011
  3. Commissioner of Social Services. v. Paul C.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. People v. RupleAppellate Division of the Supreme Court of the State of New York · 2025

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