Legal Opinion

First Energy Leasing Corp. v. Attorney-General

New York Court of Appeals

Decided July 10, 1986PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Hancock, Jr., J.

When the Attorney-General conducts an examination pursuant to the Martin Act (General Business Law art 23-A), and proceeds specifically under General Business Law §§ 354 and 355, he is by express provision of the statute permitted to examine witnesses only before a Justice of the Supreme Court or a designated Referee. We reject the Attorney-General’s argument that the broad powers accorded him under General Business Law § 352 (investigation by Attorney-General) override the explicit requirements of sections 354 and 355.

The Attorney-General made an…

2Cases cited3 opinions

  1. People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
  2. All Seasons Resorts, Inc. v. AbramsNew York Court of Appeals · 1986
  3. Kanterman v. Attorney-GeneralNew York Supreme Court · 1973

3Cited by14 opinions

  1. In Re Bayou Hedge Fund LitigationDistrict Court, S.D. New York · 2007
  2. Badem Buildings v. AbramsNew York Court of Appeals · 1987
  3. In Re Tremont Securities Law, State Law & Insurance LitigationDistrict Court, S.D. New York · 2010
  4. Meridian Horizon Fund, LP v. Tremont Group Holdings, Inc.District Court, S.D. New York · 2010
  5. McMahon v. LandonAppellate Division of the Supreme Court of the State of New York · 1989

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