Matter of Costiglio v. Strelzin

In Matter of Costiglio v. Strelzin (98 Misc 2d 548 [Sup Ct, NY County 1978]) the court quashed several subpoenas served on various New York savings banks. The legislative investigation at issue arose in the New York State Assembly Standing Committee on Consumer Affairs and Protection out of a concern that savings banks were withholding funds to force the Legislature to enact bills that would increase the interest rate ceiling on home mortgages. The court found that the Committee did not have express jurisdiction or authority over the subject matter of the investigation because there was no resolution, statute, order or other provision of law specifically authorizing the investigation. The court rejected the Committee's argument that authority to issue the subpoena was conferred under Legislative Law 62-a. Furthermore, the court found that there was no bill before the Committee related to the regulation of New York savings banks. The court ultimately found that neither it nor the Committee could require production of documents by the plaintiffs since a committee without proper jurisdiction cannot issue enforceable subpoenas.