Legal Opinion

Matter of A'hearn v. Comm. on Unlawful Practice of the Law of the New York County Lawyers'ass'n

New York Court of Appeals

Decided January 23, 1969PublishedCited by 73 opinions

1Per curiam

The issues in this case are discussed in detail with elaborated reasoning in the opinions of the Appellate Division. It might have sufficed to rest on the majority opinion in that court, but, by way of caution, however, some additional comments are desirable.

It is ancient law that no agency of government may conduct an unlimited and general inquisition into the affairs of persons within its jurisdiction solely on the prospect of possible violations of law being discovered, especially with respect to subpoenas duces tecum (see, generally, 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., pars.…

2Cases cited4 opinions

  1. Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
  2. Carlisle v. BennettNew York Court of Appeals · 1935
  3. Dawn Operators, Inc. v. LyonAppellate Division of the Supreme Court of the State of New York · 1954
  4. MATTER OF DAWN OPERATORS, INC. v. LyonNew York Court of Appeals · 1954

3Cited by73 opinions

  1. Virag v. HynesNew York Court of Appeals · 1981
  2. Levin v. MurawskiNew York Court of Appeals · 1983
  3. District Attorney v. Angelo G.Appellate Division of the Supreme Court of the State of New York · 1975
  4. Sussman v. New York State Organized Crime Task ForceNew York Court of Appeals · 1976
  5. Reuters Ltd. v. Dow Jones Telerate, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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