Brodsky v. Zagata

Appeal from an order of the Supreme Court (Keegan, J.), entered February 16,1996 in Albany County, which, inter alia, granted petitioners’ motion pursuant to CPLR 2308 to compel respondent to comply with a subpoena duces tecum.

Concerned that consent orders entered into by the Department of Environmental Conservation (hereinafter DEC) were negotiated with little or no public participation, petitioner Richard Brodsky (hereinafter petitioner) initiated a legislative inquiry to ascertain whether legislation restricting such consent orders should be enacted. As part of the investigation, *765petitioner…