2006 New York Code - Examinations; Publication.


 
    § 64.  Examinations;  publication.  1. All reports of examinations and
  investigations, special reports rendered to the superintendent  pursuant
  to  section sixty-seven of this article, or correspondence and memoranda
  concerning or  arising  out  of  such  examinations  or  investigations,
  including   any  duly  authenticated  copy  or  copies  thereof  in  the
  possession of any employee welfare fund or the banking department, shall
  be confidential communications, shall not be  subject  to  subpoena  and
  shall  not be made public unless, in the judgment of the superintendent,
  the ends of justice and the public advantage will be  subserved  by  the
  publication  thereof,  in  which  event  he may publish or authorize the
  publication of a copy of any such report or other material  referred  to
  in  this  subdivision one, or any part thereof, in such manner as he may
  deem proper.
    2. In any action or proceeding against the trustees  of  any  employee
  welfare fund, or against their officers, agents, or employees, report of
  examination  or  investigation,  or  any  part  thereof, if published or
  authorized to be published by the superintendent, shall be admissible in
  evidence and shall be presumptive evidence of the facts stated therein.
    3. The superintendent may assemble and file for public inspection such
  information covering forms of trust indentures in use  and  compensation
  paid  to  trustees  of  employee  welfare  funds  and such other matters
  affecting the establishment and administration of such funds as, in  his
  opinion, are in the public interest.


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