| Lennon v Cuomo |
| 2012 NY Slip Op 00715 [92 AD3d 411] |
| February 2, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| David P. Lennon et al., Appellants, v Andrew M. Cuomo, as Attorney General of the State of New York, Respondent. |
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Lennon & Klein, P.C., New York (David P. Lennon of counsel), for National Magazine
Services, Inc. and Subscription Billing, LLC, appellants.
Eric T. Schneiderman, Attorney General, New York (Laura R. Johnson of counsel), for
respondent.
Order and judgment (one paper), Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 22, 2010, which, to the extent appealed from as limited by the briefs, denied the petition brought pursuant to CPLR 2304 to quash, fix conditions and/or modify subpoenas duces tecum issued by respondent, except as to demand number 14, and granted respondent's motion to compel compliance, unanimously affirmed, without costs.
Respondent's issuance of subpoenas in connection with an investigation into complaints from consumers and publishers alleging fraudulent and deceptive practices in petitioner magazine subscription agents' issuance of notices for the renewal of magazine subscriptions was within his broad authority (see Executive Law § 63 [12]; General Business Law § 349; Matter of American Dental Coop. v Attorney-General of State of N.Y., 127 AD2d 274, 280 [1987]). The information sought "bears a reasonable relationship to the subject matter under investigation and the public interest to be served" (American Dental Coop., 127 AD2d at 280). Concur—Gonzalez, P.J., Saxe, Moskowitz, Acosta and Freedman, JJ.