Section 354. Examination of witnesses and preliminary injunction  


Latest version.
  • Whenever
      the attorney-general has determined to commence  an  action  under  this
      article,  he  may  present  to  any justice of the supreme court, before
      beginning such action, an application in writing for an order  directing
      the  person or persons mentioned in the application to appear before the
      justice of the supreme court or referee designated  in  such  order  and
      answer  such  questions  as  may be put to them or to any of them, or to
      produce  such  papers,  documents  and  books  concerning  the   alleged
      fraudulent  practices  to  which  the  action which he has determined to
      bring relates, and it shall be the duty of the justice  of  the  supreme
      court  to  whom  such  application  for  the order is made to grant such
      application. The application for such order made by the attorney-general
      may simply show upon his information and belief that  the  testimony  of
      such  person or persons is material and necessary. The provisions of the
      civil practice law and rules, relating to an application  for  an  order
      for  the  examination  of witnesses before the commencement of an action
      and the method of proceeding on such examination, shall not apply except
      as herein prescribed. The order shall be granted by the justice  of  the
      supreme   court  to  whom  the  application  has  been  made  with  such
      preliminary injunction or stay as may  appear  to  such  justice  to  be
      proper and expedient and shall specify the time when and place where the
      witnesses  are  required  to  appear. The justice or referee may adjourn
      such  examination  from  time  to  time  and   witnesses   must   attend
      accordingly. The testimony of each witness must be subscribed by him and
      all must be filed in the office of the clerk of the county in which such
      order for examination is filed.