New York State Department of Transportation v. Matt

OPINION OF THE COURT

Robert C. Williams, J.

Petitioner moves, by order to show cause, for an order compelling respondent to comply with a subpoena, dated April 16, 1984, pursuant to CPLR 2308 (subd [b]).

Petitioner began an investigation into the alleged mismanagement and misconduct in the Department’s Waterways Division, Section 4, some time in January or February, 1984. Respondent, being canal section supervisor of said Waterways Division, Section 4, was one of the objects of the investigation.

By letter dated February 28, 1984, pursuant to some of the information gathered in the investigation,…