Lefkowitz v. Kershenberg

56 A.D.2d 555, 391 N.Y.S.2d 984, 1977 N.Y. App. Div. LEXIS 10564

Opinion

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 have affirmed on the merits. Concur—Kupferman, J. P., Murphy, Lane and Markewich, JJ.