PEOPLE v. BESTLINE PRODS., INC.


41 N.Y.2d 887 (1977)

The People of the State of New York, Appellant, v. Bestline Products, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1977.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Sheldon Horowitz and Samuel A. Hirshowitz of counsel), for appellant.

Gerald J. Fields, David Fleischer and Michael B. Jeffers for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

Order reversed, with costs in all courts, and the motion styled as one for discovery denied.

Assuming that the motion is one for discovery made under CPLR 408, 3101, and 3102, and that a proceeding brought under subdivision 12 of section 63 of the Executive Law is not exempt from discovery relief, it was an abuse of discretion, as a matter of law, to extend the relief in this case (see dissenting opn of...

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