Derle Farms, Inc. v. Barber

Casey, J. (dissenting). I respectfully dissent. In my view the majority misconstrues the subpoena provisions of the Agriculture and Markets Law. Sections 22, 34 and 254 of that law are the only statutes relative to the issuance of subpoenas. Sections 22 and 254 authorize the commissioner to subpoena witnesses and documents for investigations and inquiries that he is conducting, and, therefore, are inapplicable here. Section 34, which relates specifically to hearings, provides in subdivision 2, that “subpoenas shall be signed and issued by the commissioner”, and in subdivision 4, that the…