IN THE MATTER OF SUBPOENA ISSUED BYMORELAND COMMISSION TO INVESTIGATEPUBLIC CORRUPTION TO HISCOCK &BARCLAY, LLPIndex No.: __________ I.A.S. PART:JUSTICE
Petitioner, HISCOCK & BARCLAY, LLP, by its undersigned attorneys, alleges asfollows:1. This is a petition to quash and for a protective order with respect to the subpoena
(“Subpoena”) issued to Petitioner by the Commission to Investigate PublicCorruption (the “Commission”), which was appointed by Governor Andrew Cuomo on July 2,2013, pursuant to N.Y. Exec. Law § 6 and § 63(8). The Subpoena, dated October 16, 2013 andattached as an exhibit to the Affirmation of Gabriel M. Nugent, submitted by Petitioner,
isunlawful in that it lacks the requisite factual basis, materiality and relevance, demands privilegedand confidential materials, and is overly broad, unduly burdensome and oppressive. In addition,the Subpoena exceeds the Commission’s authority, and is part of the Executive Branch’sunlawful investigation into the Legislature, in violation of New York’s doctrine of separation of powers.
2. Petitioner, Hiscock & Barclay, LLP (“Petitioner” or “H&B”), is a limited liability partnership engaged in the practice of law. H&B received the Subpoena from the Commission purportedly related to the work that a current New York State Assemblyman performs for H&B.3. Respondent, the Commission, has a business address at 90 Church Street, 15thFloor, New York, New York 10007.
Affirmation of Gabriel M. Nugent, on behalf of Petitioner Hiscock & Barclay, LLP.
FILED: NEW YORK COUNTY CLERK 11/22/2013
INDEX NO. 160909/2013NYSCEF DOC. NO. 1RECEIVED NYSCEF: 11/22/2013