New York Supreme Court, 1953

Eston v. Backer

Eston v. Backer
New York Supreme Court · Decided February 17, 1953 · Conroy
204 Misc. 162; 119 N.Y.S.2d 273; 1953 N.Y. Misc. LEXIS 1530

Counsel

Nathaniel L. Goldstein, Attorney-General (Henry P. Lipscomb, Jr., of counsel), for Industrial Commissioner of the State of New York., Sidney Sugerman for defendant., Siegelbaum, Bosensweig é Palley for plaintiffs.

Eston v. Backer

Opinion of the Court

Conroy, J.

This is a motion by the Attorney-General of the State of New York to vacate and set aside a subpcena duces tecum served upon the Industrial Commissioner of the State of New York. Section 537 of the Labor Law is clearly mandatory *163in its language and prevents the use, in any court in any action or proceeding pending therein unless the commissioner is a party therein, of information in his possession required by him in connection with unemployment insurance matters. The motion is granted and the subpoena is vacated.

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