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In the Matter of CAROL BERGMANN et al., Appellants, v. GERALD BERGER et al., Respondents, and ROBERT L. LA BUA et al., Respondents.

Ordered that the order is affirmed, without costs or disbursements.

The subpoena duces tecum issued by the court upon the petitioners' application was broadly framed to compel the production of numerous personnel records, telephone message pads, and time sheets of Town employees, as well as the minutes of meetings at which employees were appointed to their positions. On the record before this Court, the petitioners failed to demonstrate, in response to the Town's oral motion to quash the subpoena, that the documents were relevant and material, or that the subpoena constituted anything but a "fishing expedition" (see, Matter of Constantine v. Leto, 157 A.D.2d 376, affd 77 N.Y.2d 975; see also, Matter of New York State Dept. of Labor v Robinson, 87 A.D.2d 877). Mangano, P.J., Thompson, Pizzuto and Goldstein, JJ., concur.

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MATTER OF BERGMANN v. BERGER
(Aug 22, 1995)