Legal Opinion

Matter of Empire Wine & Spirits LLC v. Colon

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

Decided December 1, 2016No. 522621PublishedCited by 4 opinions

1Opinion of the CourtGarry, J.

Appeal from an order of the Supreme Court (Connolly, J.), entered May 22, 2015 in Albany County, which, among other things, granted petitioner’s application pursuant to CPLR 2308 to compel certain respondents to comply with subpoenas ad testificandum.

The State Liquor Authority (hereinafter SLA) charged petitioner, a wine retailer, with 16 counts of improper conduct pursuant to 9 NYCRR 53.1 (n) for shipping wine to customers in states that prohibit their residents from receiving such shipments. In support of its defenses, petitioner issued subpoenas ad testificandum to obtain the testimony of…

2Cases cited16 opinions

  1. Kapon v. KochNew York Court of Appeals · 2014
  2. Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
  3. 303 West 42nd Street Corp. v. KleinNew York Court of Appeals · 1979
  4. MATTER OF BEACH v. ShanleyNew York Court of Appeals · 1984
  5. Ocean-Clear, Inc. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983

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3Cited by4 opinions

  1. Matter of Board of Educ. of the City Sch. Dist. of the City of N.Y. v. New York State Dept. of Educ.Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Monaghan v. SchroederAppellate Division of the Supreme Court of the State of New York · 2024
  3. Matter of The Plastic Surgery Group, P.C. v. Comptroller of The State of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
  4. Wells Fargo Bank, N.A. v. ConfinoAppellate Division of the Supreme Court of the State of New York · 2019

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