Opinion
Argued October 1, 1963
Decided October 31, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS E. MORRISSEY, JR., J.
Louis J. Lefkowitz, Attorney-General ( Daniel M. Cohen and Paxton Blair of counsel), for appellant.
Raymond J. McGrover for respondent.
Order reversed, without costs, and matter remitted to Special Term with instructions to dismiss defendant's application to modify the injunction and his motion to set aside the subpoena upon the ground that the issues are moot (1) because defendant desires to withdraw his application to modify the 1939 injunction; and (2) because the issuance of such a subpoena as is here attacked is now authorized by new subdivision 4 of section 359-g of the General Business Law. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.