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June 23, 2011

NYS Supreme Court Justice Affirms Comptroller’s Authority
to Audit Towns and Special Districts

Nassau County Comptroller George Maragos today announced that Supreme Court Justice Denise Sher dismissed the Petition filed by the Town of North Hempstead seeking to stop a legitimate audit by the Comptroller of the Clinton G. Martin Park District.

"I am pleased with Justice Sher’s decision. This matter can now move forward and the audit of the Clinton G. Martin Park District can proceed,” Comptroller Maragos stated. “The residents of this district have waited a long time for answers to questions relating to the taxes they pay to support the district and its operations. Now they can get some answers.”

The County Comptroller served a subpoena on the Town of North Hempstead after Town Officials indicated that the Town would not cooperate with the auditors. Immediately after being served with the subpoena, the Town sought a court order to stop the Comptroller’s Audit.

Justice Sher, in dismissing the lawsuit commenced by the Town of North Hempstead, directed the Town to comply with the subpoena “within fourteen (14) days” after it is served with a copy of the order. The Town was personally served on June 21, 2011, giving it until July 5th to comply with the Comptroller’s subpoena.

"The Comptroller’s Office has the authority to audit the Town and Special Districts,” said Maragos. “The Court has reaffirmed that power. I am grateful that the Court understood that the Comptroller has full authority over these audits.”

pdf file Subpoena