N.Y. General Business Law § 354: Examination of witnesses and preliminary injunction

§ 354. Examination of witnesses and preliminary injunction. 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.