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MATTER OF PEOPLE v. COMPACT ASSOCS.

22 A.D.2d 129 (1964)

In the Matter of The People of the State of New York, Petitioner-Respondent, v. Compact Associates, Inc., et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1964.

Attorney(s) appearing for the Case

Joseph A. Bailey of counsel (Samuel A. Hirshowitz, Barnett Levy, James Princiotta and Mark T. Walsh with him on the brief; Louis J. Lefkowitz, Attorney-General of the State of New York), for respondent.

Thomas D. Edwards of counsel (Hale, Russell & Stenzel, attorneys), for appellants.

RABIN, McNALLY and STEUER, JJ., concur in Per Curiam; VALENTE, J., dissents in opinion in which BREITEL, J. P., concurs.

Per Curiam.

This action is brought by the Attorney-General for an injunction pursuant to subdivision 12 of section 63 of the Executive Law. The section provides that "Whenever any person shall engage in repeated fraudulent or illegal acts or otherwise demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of business" the Attorney-General is authorized to bring the proceeding. After...

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