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  5. 52 N.Y.2d 739 (1980)
 

PEOPLE v. MATTIACE INDUS., INC.

52 N.Y.2d 739 (1980)

The People of the State of New York, Respondent, v. Mattiace Industries, Inc., William J. Mattiace, M & M Drum Co., Inc., Peter Mattiace and Louis J. Mattiace, Appellants.

Court of Appeals of the State of New York.

Decided December 16, 1980.

Attorney(s) appearing for the Case

Thomas Owen Morgan for appellants.

Robert Abrams, Attorney-General (Mary L. Lyndon, Shirley Adelson Siegel and Marcia J. Cleveland of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Term should be reversed and a new trial ordered.

We agree with the Appellate Term's conclusion that ECL 71-1933 (subd 2) prohibits prosecution only prior to determination of administrative proceedings, if any, when the prosecution involves violation of orders and determinations of the commissioner or the department. In view of the fact...

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