2013 New York Consolidated Laws
GBS - General Business
Article 22 - (340 - 347) MONOPOLIES
343 - Investigation by the attorney general.

NY Gen Bus L § 343 (2012) What's This?
    § 343. Investigation by the attorney general. Whenever it shall appear
  to  the  attorney  general, either upon complaint or otherwise, that any
  person  or  persons,  partnership,  corporation,   company,   trust   or
  association shall have engaged in or engages in or is about to engage in
  any  act  or  practice  by  this  article  prohibited  or declared to be
  illegal, or that any person, persons, partnership, corporation, company,
  trust or association has assisted or participated in any  plan,  scheme,
  agreement  or combination of the nature described herein, or whenever he
  believes it to be in the public interest that an investigation be  made,
  he  may in his discretion either require or permit such person, persons,
  partnership, corporation, company, trust or association to file with him
  a statement in writing under oath or otherwise as to all the  facts  and
  circumstances  concerning  the subject matter which he believes is to be
  to the public interest to investigate. The  attorney  general  may  also
  require  such other data and information as he may deem relevant and may
  make  such  special  and  independent  investigations  as  he  may  deem
  necessary  in  connection  with  the  matter.  The attorney general, his
  deputy, assistant, or other officer designated by him, is  empowered  to
  subpoena  witnesses,  compel  their  attendance, examine them under oath
  before himself or a magistrate, a court of record or a judge or  justice
  thereof,  and  require  the  production  of any books or papers which he
  deems  relevant  or  material  to  the  inquiry.  Any  person,  persons,
  partnership,  corporation,  company,  trust  or  association  subject to
  service of a summons within or without the  state  pursuant  to  article
  three  of  the  civil  practice  law  and  rules shall be subject to the
  service of a subpoena properly issued pursuant to  this  section.    Any
  subpoena  served  hereunder  without  the  state  shall  be issued on an
  ex-parte order of the court based upon a showing that the information or
  testimony sought bears a reasonable relationship to the  subject  matter
  under  investigation.  All papers filed in connection with the obtaining
  of said order may be maintained under seal by the  clerk  of  the  court
  upon  application  of  the  attorney  general  to the court. Any person,
  persons, partnership, corporation, company, trust, or  association,  who
  has  been  served  with  subpoena  pursuant  to  this section may make a
  motion, pursuant to section  twenty-three  hundred  four  of  the  civil
  practice  law  and  rules,  to  quash,  fix  conditions,  or modify such
  subpoena. Any and all papers previously sealed by the court may be  made
  available  to  the person making such motion. Such power of subpoena and
  examination shall not abate or terminate by  reason  of  any  action  or
  proceeding brought by the attorney general under this article. No person
  shall  be  excused  from  attending  such  inquiry  in  pursuance to the
  mandates of a subpoena, or from producing a paper or book,  document  or
  any other record, or from being examined or required to answer questions
  on  the  ground  of  failure  to  tender or pay a witness fee or mileage
  unless demand therefor is made at the time  testimony  is  about  to  be
  taken  and  as  a  condition  precedent  to  offering such production or
  testimony  and  unless  payment  thereof  be  not  thereupon  made.  The
  provisions for payment of witness fee and/or mileage do not apply to any
  officer,  director  or  person in the employ of any person, partnership,
  company, corporation, trust or association whose  conduct  or  practices
  are  being  investigated.  If a person subpoenaed to attend such inquiry
  fails to obey the command of the subpoena without good cause,  or  if  a
  person  in  attendance  upon such inquiry shall without reasonable cause
  refuse to be sworn or to answer a question or to produce a book,  paper,
  document or other record when ordered to do so by the officer conducting
  such  inquiry,  or if a person, partnership, corporation, company, trust
  or association fails  to  perform  any  act  hereunder  required  to  be
  performed,  he shall be guilty of a misdemeanor. The foregoing shall not

  prevent the attorney general from instituting civil contempt proceedings
  under section twenty-three hundred eight (b) of the civil  practice  law
  and  rules  against any person who violates any of the above provisions.
  It shall be the duty of all public officers, their deputies, assistants,
  clerks,  subordinates  or employees, and all other persons to render and
  furnish  to  the  attorney  general,  his  deputy  or  other  designated
  representative,  when  so  requested,  all information and assistance in
  their possession or within their power.  Any  officer  participating  in
  such  inquiry and any person examined as a witness upon such inquiry who
  shall disclose to any person other than the attorney general the name of
  any witness  examined  or  any  other  information  obtained  upon  such
  inquiry,  except  as so directed by the attorney general shall be guilty
  of a misdemeanor. Such inquiry may upon  written  authorization  of  the
  attorney general be made public.
    The  misdemeanors  provided  in  this section shall be punishable by a
  fine of not more than one thousand dollars or imprisonment for not  more
  than one year, or both.

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