MATTER OF ATTORNEY-GEN. OF THE STATE OF NEW YORK


10 N.Y.2d 810 (1961)

In the Matter of the Attorney-General of the State of New York, Appellant. American Research Council, Inc., Nicolas Darvas et al., Respondents.

Court of Appeals of the State of New York.

Decided October 5, 1961.


Attorney(s) appearing for the Case

Milton A. Bass for motion.

Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz of counsel), opposed.


Motion granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Respondents contended that to construe article 23-A of the General Business Law of the State of New York to permit the Attorney-General to inquire into a book, such as the one in issue, rendered article 23-A unconstitutional...

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