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IN THE MATTER OF OFFICE OF THE GOVERNOR OF THE STATE OF NEW YORK

20 Misc.3d 429 (2008)

858 N.Y.S.2d 871

In the Matter of OFFICE OF THE GOVERNOR OF THE STATE OF NEW YORK, Petitioner, to Quash Subpoenas Issued by GEORGE H. WINNER, JR., as Chair of the New York State Senate Standing Committee on Investigations and Government Operations, Respondent.

Supreme Court, New York County.

May 23, 2008.

Attorney(s) appearing for the Case

David L. Lewis, New York City, and diGenova & Toensing, LLP, Washington, D.C. (Joseph E. diGenova and Victoria Toensing of counsel), and Senate Investigations and Government Operations Committee, Albany (Teresa Rossi of counsel), for respondent.

Proskauer Rose, LLP, New York City (Dietrich L. Snell, Joanna Smith, David L. Shaul and William H. Weisman of counsel), for petitioner.

OPINION OF THE COURT

RICHARD F. BRAUN, J.

This is a special proceeding, pursuant to CPLR 2304, to quash a subpoena duces tecum served by the Standing Committee on Investigations and Government Operations of the New York State Senate (Investigations Committee) on Richard Baum, as Custodian of Records of the Executive Chamber and Secretary to the Governor in the administration of former Governor Eliot Spitzer. Respondent George H. Winner, Jr. is the Chairperson...

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