New York § 339-B Powers of department

New York Statutes

§ 339-B — Powers of department

New York § 339-B

Law RPPReal Property

Art. 9-ASubdivided Lands

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N.Y. Real Property § 339-B (2026).

Text

  § 339-b. Powers of department. The department of state may also\nrequire such other data and information as it may deem relevant and may\nmake such special and independent investigations as it may deem\nnecessary in connection with the administration of this article. The\ndepartment of state by its examiner or other officer designated by it is\nempowered to subpoena witnesses, compel their attendance, examine them\nunder oath before him or a magistrate, a court of record or a judge or\njustice thereof and require the production of any books or papers which\nhe deems relevant or material to the inquiry. Such power of subpoena and\nexamination shall not abate or terminate by reason of any action or\nproceeding brought by the department of state under this article. The\nprovisions for payme

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§ 339-b. Powers of department. The department of state may also\nrequire such other data and information as it may deem relevant and may\nmake such special and independent investigations as it may deem\nnecessary in connection with the administration of this article. The\ndepartment of state by its examiner or other officer designated by it is\nempowered to subpoena witnesses, compel their attendance, examine them\nunder oath before him or a magistrate, a court of record or a judge or\njustice thereof and require the production of any books or papers which\nhe deems relevant or material to the inquiry. Such power of subpoena and\nexamination shall not abate or terminate by reason of any action or\nproceeding brought by the department of state under this article. The\nprovisions for payment of witness fee and/or mileage do not apply to any\nofficer, director or person in the employ of any person, partnership,\ncorporation, company, trust or association whose conduct or practices\nare being investigated. A subpoena issued under this section shall be\nregulated by the civil practice law and rules and, in addition, if a\nperson subpoenaed to attend such inquiry fails to obey the command of a\nsubpoena without reasonable cause, or if a person in attendance upon\nsuch inquiry shall without reasonable cause refuse to be sworn or to be\nexamined or to answer a question or to produce a book or paper when\nordered so to do by the officer conducting such inquiry, or if a person,\npartnership, corporation, company, trust or association fails to perform\nany act required hereunder to be performed, he shall be guilty of a\nmisdemeanor. It shall be the duty of all public officers, their\ndeputies, assistants, subordinates, clerks or employees and all other\npersons to render and furnish to the department of state, its examiner\nor other designated officer when requested all information and\nassistance in their possession or within their power. Any officer\nparticipating in such inquiry who shall disclose to any person other\nthan the secretary of state the name of any witness examined or any\nother information obtained upon such inquiry except as directed by the\nsecretary of state shall be guilty of a misdemeanor.\n