State v. Stallings
Opinion of the Court
— Order and judgment (one paper), Supreme Court, New York County (Edward J. Greenfield, J.), entered on or about February 22, 1991, which, inter alia, held defendants in contempt pursuant to General Business Law § 359-g, unanimously affirmed, without costs.
There is no merit to defendants’ contention that plaintiff State’s motion for contempt of a civil judgment should have been brought in a criminal term of the Supreme Court and that the IAS court therefore erred in entertaining it. The Martin Act confers upon the Attorney-General broad powers, including the right to bring either a civil or criminal action for contempt (General Business Law § 359-g [1] [a]). This is in line with the purposes of the Act, which include not only the prevention of fraud by means of filing requirements but the assurance of investigation and appropriate civil or criminal proceedings when wrongdoing is found (Matter of Greenthal & Co. v Lefkowitz, 32 NY2d 457, 463).
The record in this case supports the IAS court’s finding that defendants wilfully violated the explicit terms of a consent
We have reviewed the defendants’ remaining claims and find them to be without merit. Concur — Ellerin, J. P., Kassal, Smith and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.