Legal Opinion
In re Cappetta
New York Court of Appeals
Decided October 13, 1977PublishedCited by 16 opinions
1Opinion of the Court
Memorandum. The order of the Appellate Division should be affirmed, with costs.
Petitioner’s challenges to the two subpoenas duces tecum, one addressed to him and the other to his bank, were properly rejected.* As to the former, Supreme Court found that "petitioner is employed by the Board of Education as a municipal servant * * * he is a public servant dealing with public funds, responsible for public records”. The Appellate Division found no occasion to disturb this finding, nor do we. Accordingly, the records sought to be produced were those of the board of education, the employing…
2Cases cited4 opinions
- United States v. MillerSupreme Court of the United States · 1976
- United States v. WhiteSupreme Court of the United States · 1944
- Shapiro v. United StatesSupreme Court of the United States · 1948
- Bellis v. United StatesSupreme Court of the United States · 1974
3Cited by16 opinions
- People v. DoeAppellate Division of the Supreme Court of the State of New York · 1983
- Congregation B'Nai Jonah v. KurianskyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. DoeNew York Court of Appeals · 1983
- John Doe Corp. I v. BlumenkopfAppellate Division of the Supreme Court of the State of New York · 1986
- Norkin v. HoeyAppellate Division of the Supreme Court of the State of New York · 1992
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