N.Y. GBS Law § 343 — New York Code / Act GBS / Article 22 / Section 343
Investigation by the attorney general
Status: in_force

§ 343. Investigation by the attorney general. Whenever it shall appear\nto the attorney general, either upon complaint or otherwise, that any\nperson or persons, partnership, corporation, company, trust or\nassociation shall have engaged in or engages in or is about to engage in\nany act or practice by this article prohibited or declared to be\nillegal, or that any person, persons, partnership, corporation, company,\ntrust or association has assisted or participated in any plan, scheme,\nagreement or combination of the nature described herein, or whenever he\nbelieves it to be in the public interest that an investigation be made,\nhe may in his discretion either require or permit such person, persons,\npartnership, corporation, company, trust or association to file with him\na statement in writing under oath or otherwise as to all the facts and\ncircumstances concerning the subject matter which he believes is to be\nto the public interest to investigate. The attorney general may also\nrequire such other data and information as he may deem relevant and may\nmake such special and independent investigations as he may deem\nnecessary in connection with the matter. The attorney general, his\ndeputy, assistant, or other officer designated by him, is empowered to\nsubpoena witnesses, compel their attendance, examine them under oath\nbefore himself or a magistrate, a court of record or a judge or justice\nthereof, and require the production of any books or papers which he\ndeems relevant or material to the inquiry. Any person, persons,\npartnership, corporation, company, trust or association subject to\nservice of a summons within or without the state pursuant to article\nthree of the civil practice law and rules shall be subject to the\nservice of a subpoena properly issued pursuant to this section.  Any\nsubpoena served hereunder without the state shall be issued on an\nex-parte order of the court based upon a showing that the information or\ntestimony sought bears a reasonable relationship to the subject matter\nunder investigation. All papers filed in connection with the obtaining\nof said order may be maintained under seal by the clerk of the court\nupon application of the attorney general to the court. Any person,\npersons, partnership, corporation, company, trust, or association, who\nhas been served with subpoena pursuant to this section may make a\nmotion, pursuant to section twenty-three hundred four of the civil\npractice law and rules, to quash, fix conditions, or modify such\nsubpoena. Any and all papers previously sealed by the court may be made\navailable to the person making such motion. Such power of subpoena and\nexamination shall not abate or terminate by reason of any action or\nproceeding brought by the attorney general under this article. No person\nshall be excused from attending such inquiry in pursuance to the\nmandates of a subpoena, or from producing a paper or book, document or\nany other record, or from being examined or required to answer questions\non the ground of failure to tender or pay a witness fee or mileage\nunless demand therefor is made at the time testimony is about to be\ntaken and as a condition precedent to offering such production or\ntestimony and unless payment thereof be not thereupon made. The\nprovisions for payment of witness fee and/or mileage do not apply to any\nofficer, director or person in the employ of any person, partnership,\ncompany, corporation, trust or association whose conduct or practices\nare being investigated. If a person subpoenaed to attend such inquiry\nfails to obey the command of the subpoena without good cause, or if a\nperson in attendance upon such inquiry shall without reasonable cause\nrefuse to be sworn or to answer a question or to produce a book, paper,\ndocument or other record when ordered to do so by the officer conducting\nsuch inquiry, or if a person, partnership, corporation, company, trust\nor association fails to perform any act hereunder required to be\nperformed, he shall be guilty of a misdemeanor. The foregoing shall not\nprevent the attorney general from instituting civil contempt proceedings\nunder section twenty-three hundred eight (b) of the civil practice law\nand rules against any person who violates any of the above provisions.\nIt shall be the duty of all public officers, their deputies, assistants,\nclerks, subordinates or employees, and all other persons to render and\nfurnish to the attorney general, his deputy or other designated\nrepresentative, when so requested, all information and assistance in\ntheir possession or within their power. Any officer participating in\nsuch inquiry and any person examined as a witness upon such inquiry who\nshall disclose to any person other than the attorney general the name of\nany witness examined or any other information obtained upon such\ninquiry, except as so directed by the attorney general shall be guilty\nof a misdemeanor. Such inquiry may upon written authorization of the\nattorney general be made public.\n  The misdemeanors provided in this section shall be punishable by a\nfine of not more than one thousand dollars or imprisonment for not more\nthan one year, or both.\n