Opinion
March 11, 1999
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
The IAS Court correctly held that respondent has authority to issue an investigatory subpoena not just to officers and employees of City schools and City agencies (Mayor's Executive Order No. 11, June 28, 1990, § 3 [c]), but also to a company, such as petitioner, that, while not in contractual privity with the Board of Education, worked on a Board of Education project as a subcontractor and is suspected of misconduct in connection therewith (id., § 3 [a], [b]; N Y City Charter § 803 Ed); see, Matter of City Dept. of Investigation v. Passannante, 148 A.D.2d 101, 104). Statements made by petitioner's president to respondent's investigators fairly construable as admissions that false documentation had been submitted in connection with petitioner's work provided a factual basis for the investigation. The materials sought (e.g., documents relating to petitioner's contractual relationship to and contacts with the main contractor and the Board of Education, invoices, time sheets, payroll records, lead testing reports, employee lead blood-level tests and employee lead abatement handler certifications) are relevant to the matters under investigation (submission of false or questionable waste shipment manifests, payroll reports, laboratory reports, and personnel qualifications). We have considered petitioner's other arguments and find them unpersuasive.
Concur — Ellerin, P. J., Rubin, Mazzarelli and Saxe, JJ.