State v. Mobil Oil Corp.

McGivern, J. P. (dissenting).

I believe the objection is well taken.

Indeed, the very fact that “ the investigation is very much alive and is continuing ”, a:s acknowledged in the majority opinion, is all the more reason for affording defendant some relief. The fact that the Donnelly Act inquisition parallels a similar civil action, between the same parties, based on the same facts, raises the questions of public policy, due process and equal protection as they affect the defendant in the civil action.

Nor is the law in this area settled. The last expression on the specific question at issue…