Opinion
Argued February 24, 1949
Decided May 19, 1949
Appeal from the Supreme Court, Appellate Division, First Department, COHALAN, J.
Theodore Kiendl, Seward A. Miller and Spencer Byard for appellant.
John P. McGrath, Corporation Counsel ( Charles F. Preusse, W. Bernard Richland, Bernard Friedlander and Barbara Carroll of counsel), for respondent.
Laurence Arnold Tanzer for Commerce and Industry Association of New York, Inc., amicus curiae, in support of appellant's position.
We agree with the Appellate Division that in this investigation directed by the Mayor, the commissioner of investigation was authorized to subpoena the records and information herein sought from the appellant (New York City Charter, § 803, subd. 1). We also agree that the information sought by the subpoena duces tecum was relevant to the inquiry ( Matter of Edge Ho Holding Corp., 256 N.Y. 374). We pass upon no other question. The order should be affirmed, with costs.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.
Order affirmed.