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PEOPLE v. KATZ

84 A.D.2d 381 (1982)

The People of the State of New York, Appellant, v. Curtis Katz et al., Respondents

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

January 28, 1982

Attorney(s) appearing for the Case

Kevin R. McConnell (Gerald J. Hurwitz, with him on the brief; Robert Abrams, Attorney-General, attorney), for appellant.

Mona D. Shapiro of counsel (Edward L. Sadowsky, with her on the brief; Tenzer, Greenblatt, Fallon & Kaplan, attorneys), for Curtis Katz and others, respondents.

Steven M. Hayes of counsel (Alan A. Tarzy, with him on the brief; Norwick, Raggio, Jaffe & Kayser, attorneys), for Simon Katz and others, respondents.

KUPFERMAN, SANDLER, CARRO and MARKEWICH, JJ., concur.

MURPHY, P. J.

In November of 1979, the Attorney-General accepted the co-operative conversion plan of defendant Thunderbird Realty Company (the "sponsor"). However, in March of 1980, the Attorney-General obtained an ex parte order from Justice ASCH, pursuant to section 354 of the General Business Law. This order enjoined the sponsor from proceeding with the conversion because the Attorney-General was about to...

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