STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL

ERIC T. SCHNEIDERMAN
ATTORNEY GENERAL

BARBARA D. UNDERWOOD
SOLICITOR GENERAL

January 8, 2014

BY ECF & BY FACSIMILE 212-374-8396 The Honorable Alice Schlesinger Supreme Court of the State of New York, New York County New York County Courthouse 60 Centre Street, Part 16, Room 222 New York, New York 10007 Re: Matters Relating to Subpoenas Issued by Commission to Investigate Public Corruption: Index Nos. 160876/2013, 160880/2013, 160909/2013, 160927/2013, 160932/2013, 160935/2013, 160941/2013, 160990/2013 (Sup. Ct. N.Y. Cnty.) Your Honor: I write on behalf of respondent/defendant Commission to Investigate Public Corruption (the Commission) and defendants Kathleen Rice, William J. Fitzpatrick, and Milton L. Williams, Jr., in their official capacities as Co-Chairs of the Commission (the Co-Chairs), in connection with the above-referenced cases. Only one objection has been raised to the Commissions proposal to file a single, consolidated 75-page brief for each of the above-referenced cases. This letter responds to the single objection made by the petitioners in 160935/2013 and 160941/2013. We believe that filing one brief will be more convenient for the Court and will avoid confusion. Although one of the above-referenced cases is a declaratory judgment action in which the Commission intends to file a motion to dismiss while the other cases are special proceedings to quash a subpoena, the motions to quash and the declaratory judgment complaint raise identical issues regarding the Commissions authority (compare Harris Beach Motion to Quash Br. (Harris Br.), at 8-13, with Compl. 62, 82-83, 89, 94-96), separation-of-powers principles (compare Harris Br., at 13-15, with Compl. 61-62, 67-68), the Commissions procedures (compare Harris. Br., at 15-16, with Compl. 73-74); and the factual basis of the subpoenas and attorney-client privilege (compare Harris Br., at 16-25, with Compl. 1, 47-49). Accordingly, with the exception of threshold and procedural issues that relate to the declaratory judgment action only, the Commissions motion to dismiss the declaratory judgment
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