The following e-filed documents, listed by NYSCEF document number (Motion 002) 17, 18, 19, 20, 21, 22 were read on this motion for SUBPOENA DUCES TECUM.

In this breach of contract action, plaintiff LASTINC LLC ("Lastinc") moves, by notice of motion, for a so-ordered subpoena directed to the City of New York, Department of Design and Construction ("DDC"). Lastinc commenced this action to recover funds it believes defendant AECOM USA INC. ("AECOM") received from the City of New York for professional services performed by Lastinc. In its motion, Lastinc requests that this court order a subpoena directed to the DDC, to obtain records and documents associated with a payment transaction to AECOM in January of 2018.

The instant motion is Lastinc's second request for a so-ordered subpoena. By order dated September 29, 2022, this court denied Lastinc's prior request for a so-ordered subpoena (motion seq. no. 001), for failing to file the motion on notice to the City of New York, as required by CPLR 2307(a) (NYSCEF doc. no. 15). The motion was denied, without prejudice, with leave to renew within twenty (20) days upon proof of notice in compliance with CPLR 2307 (id.).

On October 17, 2022, Lastinc filed the instant motion seeking identical relief as the first. Here, Lastinc requests that this court so-order a subpoena to the DDC, for payment transaction documents for Contract CT185020151424706, Transaction 10 (NYSCEF doc. no. 19). Additionally, Lastinc requests a copy of a check purportedly issued to AECOM on January 25, 2018 in the amount of $2,290,000, and copies of any invoices, approvals, checks, correspondences and other documents related to this transaction (id.).

CPLR 2307(a) provides:

"[a] subpoena duces tecum to be served upon a library, or a department or bureau of a municipal corporation or of the state, or an officer thereof, requiring the production of any books, papers or other things, shall be issued by a justice of the supreme court in the district in which the book, paper or other thing is located or by a judge of the court in which an action for which it is required. Unless the court orders otherwise, a motion for such subpoena shall be made on at least one day's notice to the library, department, bureau or officer having custody of the book, document or other thing and the adverse [*2]party.

That statute is reinforced by CPLR 3120(4), which expressly provides that the motion requirements in CPLR 2307 are applicable when a subpoena duces tecum is sought to be served on governmental departments in pretrial disclosure. The motion must be made on notice to the department or officer having custody of the records sought (CPLR 2307).

In support of the instant motion, Lastinc filed an "affirmation of mailing," declaring under penalty of perjury that counsel, Eugene M. Banta, served a true copy of Lastinc's motion for a subpoena on the DDC, by depositing a copy of the motion in an envelope with the official depository of the United States Postal Service (NYSCEF doc. no. 22).

No opposition to the instant motion has been filed. Therefore, having established that the records and information sought from the DDC falls within the ambit of CPLR 2307, and having moved this court for issuance of the municipal subpoena and established that application was made on notice to the DDC in accordance with CPLR 2307 and CPLR 2302[b], it is hereby

ORDERED that plaintiff Lastinc's motion pursuant to CPLR 2307 for a so-ordered subpoena, directed to the City of New York, Department of Design and Construction (motion sequence 002), is granted, without opposition; and it is further

ORDERED that Lastinc shall serve the City of New York Department of Design and Construction, 30-30 Thompson Avenue, Long Island City, New York, 11101, by registered or certified mail, with a copy of this order and the subpoena duces tecum, within ten (10) days of entry of this order.