By MICHAEL GORMLEY
Associated Press

ALBANY - A New York judge is ordering the Yankees to give him financial records sought by state lawmakers investigating the use of public funds to help build the team's new stadium, or prove that the data should remain private.

Two Assembly committees subpoenaed the records in January in the escalating fight with the team, but the Yankees withheld some key documents involving ticket prices and why some city officials received luxury box tickets.

State Supreme Court Justice Hon. John Egan Jr. says the Yankees must produce the business records within a week unless he's persuaded that they shouldn't be released. After his review, the judge could order the documents turned over to Assemblymen Richard Brodsky of Westchester and James Brennan of Brooklyn.

A Yankees spokeswoman didn't immediately respond to a request for comment.

"In the end, people will wonder why they can't afford to go to a stadium that their tax dollars built," Brodsky said.

His affidavit to the judge stated that the total public subsidy to the Yankees is approaching $4 billion, when schools, hospitals and mass transit lack enough funding. He also claims that few jobs will be created by the public subsidy, ticket prices will still be "well beyond the reach of average taxpayers," and the club participated in an illegal manipulation of property-tax assessments. Brodsky and Brennan also seek data on luxury box tickets given to elected city officials involved in the public funding deal.

Brodsky said forcing the issue into court, where the Yankees could be held in contempt of court, is a "sad necessity."

"We've been patient," Brodsky said. "This has been going on for well over six months."