"We did receive a subpoena yesterday, and we are in the process of complying fully with the Justice Department's request," Biondi said yesterday.
The subpoena served on Stack demands documents relating to grants for Union City Day Care, which is headed by his estranged wife, Katia. The day-care center received at least $200,000 in last-minute state assistance over the last few years, according to budget documents.
A spokesman for Stack, who also is mayor of Union City, said the assemblyman was fully cooperating. But spokesman Joseph Lauro, who said the day care had also received a subpoena, dismissed the notion that Stack's wife benefited from the grant. The state money did not in any way contribute to her salary, said Lauro.