Opinion

Board of Education v. Hankins

  • 294 A.D.2d 360
  • 741 N.Y.S.2d 717
  • 2002 N.Y. App. Div. LEXIS 4837
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 6, 2002
Status
Published
Cited by
9 cases
Authority
More cited than 76.5%

The opinion

—In a proceeding to quash a subpoena duces tecum served upon the petitioner in the course of an administrative proceeding pursuant to Education Law § 3020-a against Alfred Hankins, a tenured teacher, the teacher appeals from an order of the Supreme Court, Kings County (Harkavy, J.), which granted the motion to quash the subpoena.

Ordered that the order is affirmed, with costs.

A subpoena duces tecum may not be used for purposes of discovery or to ascertain the existence of evidence (see Matter of Terry D., 81 NY2d 1042 ; People v Gissendanner, 48 NY2d 543 ; Fabbricatore v Lindenhurst Union Free School Dist, 259 AD2d 656 ; Oak Beach Inn Corp. v Town of Babylon, 239 AD2d 568 ; People ex rel. Martone v Warden of Queens House of Detention, 175 AD2d 821 ). The purpose of a subpoena duces tecum is to compel the production of documents that are relevant and material to facts at issue in a pending judicial proceeding (see Matter of Terry D., 81 NY2d 1042 ). Here, the appellant sought to discover the names, addresses, and telephone numbers of the students in the class on the day or days when his misconduct allegedly occurred. Accordingly, the subpoena was properly quashed.

In light of our determination, we need not address the appel *361 lant’s remaining contentions. Ritter, J.P., Feuerstein, Gold-stein and Cozier, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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