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MATTER OF BERKSON

280 N.J. Super. 180 (1995)

654 A.2d 1030

IN MATTER OF THE APPLICATION OF THE NEW JERSEY BUREAU OF SECURITIES FOR AN OPEN COMMISSION UNDER R. 4:11-5(B) TO EXAMINE UNDER OATH ROBERT G. BERKSON, A RESIDENT OF THE STATE OF NEW YORK. IN MATTER OF THE APPLICATION OF THE NEW JERSEY BUREAU OF SECURITIES FOR AN OPEN COMMISSION UNDER R. 4:11-5(B) TO EXAMINE UNDER OATH PETER F. HIBBARD, A RESIDENT OF THE STATE OF MARYLAND.

Superior Court of New Jersey, Appellate Division.

Decided March 20, 1995.

Attorney(s) appearing for the Case

Richard F. Horowitz, a member of the New York bar, admitted pro hac vice, argued the cause for appellants (Hellring, Lindeman, Goldstein & Seigel, attorneys; James A. Scarpone on the briefs).

Michael Pariser, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Mr. Pariser and Joshua Rabinowitz, Deputy Attorney General, on the brief).

Before Judges BRODY, LONG and ARNOLD M. STEIN.

The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

We reverse the orders of the Chancery Division issuing commissions pursuant to R. 4:11-5 for the taking of the out-of-state depositions by the New Jersey Bureau of Securities of appellants Robert Gary Berkson, a New York state resident, and Peter F. Hibbard, a Maryland resident.

On December 1, 1992, the Bureau issued an investigative subpoena...

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