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OWNER OCCUPIED HOUS v. ABRAMS

135 A.D.2d 13 (1988)

Council for Owner Occupied Housing, Inc., et al., Respondents, v. Robert Abrams, as Attorney-General of The State of New York, Appellant

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

January 14, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy Kramer, Lawrence S. Kahn and Frederick K. Mehlman of counsel), appellant pro se.

Teitelbaum & Hiller, P. C. (Herbert Teitelbaum and Thomas P. Battistoni of counsel), for respondents.

Levenson, Finder & Novick (Richard L. Levenson and Michele Cortese of counsel), for Metropolitan Council on Housing, amicus curiae.

Goldschmidt, Oshatz & Saft (Stuart M. Saft and Brendan R. Marx of counsel), for Council of New York Cooperatives, Inc., amicus curiae.

CASEY, YESAWICH, JR., and HARVEY, JJ., concur.

KANE, J. P.

Once again we are called upon to examine the validity of regulations promulgated by defendant under article 23-A of the General Business Law, known as the Martin Act, and specifically, General Business Law § 352-e which governs real estate syndication offerings. Pursuant to the authority granted to him under that statute (General Business Law § 352-e [6] [a], [b]), defendant issued 13 NYCRR...

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