03/02/2020 In re 381 Search Warrants Directed to Facebook, Inc. :: 2017 :: New York Court of Appeals Decisions :: New York Case Law :: New York Law :: US … directing him provide a handwriting sample]); Bernstein v New York County District Attorney (67 NY2d 852 [1985] [petitioner could not appeal the disclosure of notices of tax deficiency to prosecutors]). Indeed, the only exceptions appear to be Abrams itself (allowing witnesses who might someday be charged with the illegal sale and distribution of tickets to large events) and Boikess (allowing university professors suspected of smoking pot with their students to move to quash). The aberration in Abrams can be explained by the Court's suspicions that the investigation may result "in no criminal charges or criminal complaints being filed at all" (Abrams at 193). In either case, both Abrams and Boikess depart from the Appellate Division's taxonomy to allow an appeal Marin might have foreclosed. Cases in which an appeal was dismissed from a proceeding arising in a court with limited and exclusively criminal jurisdiction (see e.g., Matter of Ryan [Hogan], 306 NY 11 [1961] [dismissing appeal from order of Court of General Sessions of County of New York]) or that resulted from an innocent third party's effort to intervene in an ongoing investigation (see Newsday, 3 NY3d 651) are outside the scope of Marin and inapposite to the issue at hand. The Supreme Court possesses civil and criminal jurisdiction (Abrams, 62 NY 2d at 191), and, contrary to the government's assertion, Facebook is not seeking to involve itself in a criminal process. Instead, we are here because its involvement has been compelled by the District Attorney. Footnote 23: As to the question of whether Facebook argued that the warrants were too voluminous and too burdensome, Facebook argued in Supreme Court that "this set of warrants exceeds by more than tenfold the largest number of warrants we ever received in a single investigation," informed this Court that it "was forced to conduct a burdensome search of hundreds of its users' accounts," and has asserted an independent business and financial interest in ensuring that its users' privacy rights are respected. Footnote 24: The costs associated with this litigation illustrate how seriously Facebook takes this threat to its financial well-being. Footnote 25: Facebook's conscription by the District Attorney's office and the threats to its business state injuries in fact. Its business relationship with its users, with whom it has an agreement as to the terms of service, and by whose defection its business would be threatened, is as substantial a relationship as those accepted by the courts in several landmark third-party standing cases (see e.g., Craig v Boren, 429 US 190 [1976)]). Footnote 26: They also had a good deal to say against the idea that the proponents of the Magna Carta and the Declaration of Independence could possibly have contemplated what https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html 43/44