225 5th, L.L.C. v Fiori Fiori, Inc., 2011 NY Slip Op 09019 [90 AD3d 517]

Dcmbr 15, 2011

Appellate Division, First Department

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Robert A. Sternbach, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), for respondent.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered September 15, 2010, which granted the motion of nonparty respondent New York City Human Resources Administration to quash a subpoena duces tecum for the production of certain records, unanimously affirmed, without costs.

The court properly exercised its discretion in quashing plaintiff’s subpoena seeking disclosure of defendant Shemesh’s application for public assistance. Communications and information relating to persons receiving public assistance and held by a Department of Social Services are confidential (Social Services Law § 136; 18 NYCRR 357.3), and plaintiff failed to show that it was entitled to the confidential records under a specific regulatory exception ( see Matter of Commissioner of Social Servs. v Paul C. , 73 AD3d 469 , 470 [2010], affd 16 NY3d 846 [2011]; D & Z Holding Corp. v City of N.Y. Dept. of Fin. , 179 AD2d 796, 798 [1992], lv denied 79 NY2d 758 [1992]). Concur—Saxe, J.P., Sweeny, Acosta, DeGrasse and Abdus-Salaam, JJ..