GREER v. N.J. BUR. OF SECURITIES


291 N.J. Super. 365 (1994)

677 A.2d 763

LEONARD GREER, PLAINTIFF-APPELLANT CROSS-RESPONDENT, v. NEW JERSEY BUREAU OF SECURITIES, DEFENDANT-RESPONDENT CROSS-APPELLANT. ERIC LIPETZ, PLAINTIFF-APPELLANT, v. NEW JERSEY BUREAU OF SECURITIES, DEFENDANT-RESPONDENT. A. JARED SILVERMAN, CHIEF, BUREAU OF SECURITIES, DIVISION OF CONSUMER AFFAIRS, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL MCDERMOTT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 17, 1994.


Attorney(s) appearing for the Case

Jerome M. Selvers argued the cause on behalf of appellant cross-respondent Leonard Greer (Sonnenblick, Parker & Selvers, attorneys; Hartley T. Bernstein, New York City co-counsel; Messrs. Selvers, Bernstein and Peter W. Till, on the brief).

Peter D. Manahan argued the cause on behalf of appellant Eric Lipetz (Connell, Foley & Geiser, attorneys; Mr. Manahan, of counsel; John P. Lacey, on the brief).

George L. Schneider argued the cause on behalf of appellant Michael McDermott (Lorber, Schneider, Nuzzi, Vichness & Bilinkas, attorneys; Jerome M. Selvers and Mark S. Vincent of Sonnenblick, Parker & Selvers, on the brief).

William E. Graves, Deputy Attorney General, argued the cause on behalf of respondent cross-appellant New Jersey Bureau of Securities on all appeals (Deborah T. Poritz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Cindy K. Miller, Senior Deputy Attorney General and DAG Graves on the brief involving Greer; Michael Pariser, Deputy Attorney General, on the brief involving Lipetz; Joshua Rabinowitz, Deputy Attorney General, on the brief involving McDermott).

Before Judges COLEMAN, MUIR, Jr. and PAUL G. LEVY.


The opinion of the court was delivered by PAUL G. LEVY, J.A.D., (temporarily assigned).

These three appeals involve witnesses subpoenaed to testify before the New Jersey Bureau of Securities (NJBS) during the course of a private investigation conducted pursuant to N.J.S.A. 49:3-68(a)(1). Each witness requested a copy of the transcript of their testimony, but NJBS refused based on Bureau policy which allows witnesses and their counsel to review transcripts only...

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