Appellate Division of the Supreme Court of New York, 1977

Lefkowitz v. Kershenberg

Lefkowitz v. Kershenberg
Appellate Division of the Supreme Court of New York · Decided February 17, 1977
56 A.D.2d 555; 391 N.Y.S.2d 984; 1977 N.Y. App. Div. LEXIS 10564
Lefkowitz v. Kershenberg

Opinion of the Court

Appeal from order, Supreme Court, New York County, entered July 26, 1976, directing compliance by respondent-appellant with petitioner-respondent Attorney-General’s investigative subpoena duces tecum, unanimously dismissed, as moot, without costs and without disbursements. Appellant has, since the order appealed from, voluntarily complied fully therewith, as the Attorney-General concedes, and that official has also stated that no prosecution whatever of appellant is contemplated. There is no longer any controversy requiring judicial intervention. (Tserpes v Attorney-General of State of NY, 49 AD2d 736.) Had the matter not been rendered moot, we would *556have affirmed on the merits. Concur—Kupferman, J. P., Murphy, Lane and Markewich, JJ.

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