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  5. 13 N.Y.2d 964 (1963)
 

MATTER OF GETTING v. SIMON

13 N.Y.2d 964 (1963)

In the Matter of Harold J. Getting, Doing Business as Midtown Detective and Investigation Bureau, Appellant, v. Caroline K. Simon, as Secretary of State of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 31, 1963.

Attorney(s) appearing for the Case

Edward Rager and Forman Bullock for appellant.

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS dissents and votes to reverse in the following opinion.

Order affirmed, without costs, in the following memorandum: The paper delivered by respondent to appellant was not a subpœna duces tecum such as is described in subdivision 2 of section 73 of the General Business Law but a mere request issued pursuant to subdivision 1 of that section. Such a request is not subject to a motion to vacate, quash or modify. The propriety of a licensee's failure to produce records so requested is reviewable only if and after action is taken...

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