IN RE: GRAND JURY INVESTIGATION NO. 422781-2023 (2024)

Supreme Court, Appellate Division, First Department, New York.

IN RE: GRAND JURY INVESTIGATION NO. 422781-2023

1811

Decided: April 11, 2024

Renwick, P.J., Webber, Kennedy, Pitt–Burke, Michael, JJ.

Argirios J. Nickas, New York, for nonparty appellant Under 21, doing business as Covenant House New York. Alvin L. Bragg, Jr., District Attorney, New York (Caroline S. Williamson of counsel), for respondent.

Appeal from order, Supreme Court, New York County (Althea E.M. Drysdale, J.), entered October 25, 2023, which denied the motion of nonparty appellant Under 21 d/b/a Covenant House New York to quash subpoenas duces tecum served by the People of the State of New York upon appellant, and ordered it to disclose the requested interior surveillance video and the requested incident reports to the People, unanimously dismissed, without costs, as taken from a nonappealable order.

This Court is constrained by the Court of Appeals holding in Matter of People v. Juarez (31 NY3d 1186 [2018]). Therefore, while appellant may seek other remedies at law to prohibit the subpoenas’ enforcement (see Juarez, 31 NY3d at 1191 n 5; Matter of Newsday, Inc., 3 NY3d 651, 652 [2004]; see also Matter of Canning v. Revoir, 220 AD3d 16 [3d Dept 2023]), the order determining the motion to quash subpoenas is nonappealable because the order was issued after the filing of a related indictment (Juarez, 31 NY3d at 1188–1189).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network