Legislation
SECTION 476-C
Investigation by the attorney-general
Judiciary (JUD) CHAPTER 30, ARTICLE 15
§ 476-c. Investigation by the attorney-general. 1. The
attorney-general is empowered to conduct an investigation of any
complaint of unlawful practice of the law and in connection therewith,
the attorney-general, his deputy, assistant, special assistant or other
officer designated by him for such purpose is empowered to subpoena
witnesses, compel their attendance, examine them under oath before him
or the supreme court of the state of New York, or a justice thereof, and
require the production of any books or papers which he deems relevant or
material to the inquiry. Such power of subpoena and of examination shall
not abate or terminate by reason of the commencement or pendency of any
action or proceeding brought by the attorney-general under section four
hundred seventy-six-a.
2. No person shall be excused from attending such inquiry in pursuance
to the mandates of a subpoena, or from producing a paper or book, or
from being examined or required to answer a question on the ground of
failure of tender or payment of a witness fee or mileage, unless at the
time of such appearance or production, as the case may be, such witness
makes demand for such payment as a condition precedent to the offering
of testimony or production required by the subpoena and unless such
payment is not thereupon made. Such provisions for payment of witness
fee or mileage do not apply to any officer, director or person in the
employ of any person, partnership, corporation, company, trust or
association whose conduct or practices are being investigated.
3. It shall be the duty of all public officers, their deputies,
assistants, subordinates, clerks or employees and all other persons to
render and furnish to the attorney-general, his deputy or other
designated officer when requested all information and assistance in
their possession or within their power. Any officer participating in
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 directed by the
attorney-general shall be guilty of a misdemeanor.
attorney-general is empowered to conduct an investigation of any
complaint of unlawful practice of the law and in connection therewith,
the attorney-general, his deputy, assistant, special assistant or other
officer designated by him for such purpose is empowered to subpoena
witnesses, compel their attendance, examine them under oath before him
or the supreme court of the state of New York, or a justice thereof, and
require the production of any books or papers which he deems relevant or
material to the inquiry. Such power of subpoena and of examination shall
not abate or terminate by reason of the commencement or pendency of any
action or proceeding brought by the attorney-general under section four
hundred seventy-six-a.
2. No person shall be excused from attending such inquiry in pursuance
to the mandates of a subpoena, or from producing a paper or book, or
from being examined or required to answer a question on the ground of
failure of tender or payment of a witness fee or mileage, unless at the
time of such appearance or production, as the case may be, such witness
makes demand for such payment as a condition precedent to the offering
of testimony or production required by the subpoena and unless such
payment is not thereupon made. Such provisions for payment of witness
fee or mileage do not apply to any officer, director or person in the
employ of any person, partnership, corporation, company, trust or
association whose conduct or practices are being investigated.
3. It shall be the duty of all public officers, their deputies,
assistants, subordinates, clerks or employees and all other persons to
render and furnish to the attorney-general, his deputy or other
designated officer when requested all information and assistance in
their possession or within their power. Any officer participating in
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 directed by the
attorney-general shall be guilty of a misdemeanor.