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MATTER OF HENTZ & CO. v. LEFKOWITZ

22 A.D.2d 475 (1965)

In the Matter of H. Hentz & Co., Respondent, v. Louis J. Lefkowitz, as Attorney-General of The State of New York, Appellant

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

February 18, 1965.

Attorney(s) appearing for the Case

Samuel A. Hirshowitz of counsel (Meyer H. Mencher and Fred L. D'Ambrosi with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

Donald Marks of counsel (Baer, Marks, Friedman & Berliner, attorneys), for respondent.

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

Per Curiam.

The Attorney-General of the State of New York appeals from an order of Special Term enjoining him from proceeding with an examination of a witness subpœnaed in an investigation being conducted under the Martin Act (General Business Law, art. 23-A) — unless the witness is permitted to appear with counsel of his own choice.

The investigation being conducted by the Attorney-General concerned alleged fraudulent practices in certain...

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