FIRST ENERGY LEASING CORP. v. ATTORNEY-GENERAL OF STATE OF N.Y.


68 N.Y.2d 59 (1986)

In the Matter of First Energy Leasing Corporation et al., Appellants, v. Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 10, 1986.


Attorney(s) appearing for the Case

Irving P. Seidman and Lawrence H. Silverman for appellants.

Robert Abrams, Attorney-General (Mark A. Tepper, O. Peter Sherwood, Harvey M. Berman and Rebecca Mullane of counsel), respondent pro se.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


HANCOCK, JR., J.

When the Attorney-General conducts an examination pursuant to the Martin Act (General Business Law art 23-A), and proceeds specifically under General Business Law §§ 354 and 355, he is by express provision of the statute permitted to examine witnesses only before a Justice of the Supreme Court or a designated Referee. We reject the Attorney-General's argument that the broad powers accorded...

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