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PEOPLE v. THAIN

24 Misc.3d 377 (2009)

874 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK, Petitioner, v. JOHN A. THAIN, Respondent.

Supreme Court, New York County.

Decided March 18, 2009.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City (Eric Corngold, David Markowitz and Benjamin Lawsky of counsel), for petitioner.

Dechert, LLP, New York City (Andrew J. Levander of counsel), for respondent.

Cleary Gottlieb Steen & Hamilton, LLP, New York City (Evan Davis and Lewis J. Liman of counsel), for Bank of America Corporation and another, proposed intervenors.

OPINION OF THE COURT

BERNARD J. FRIED, J.

This petition was brought by the Attorney General of the State of New York pursuant to CPLR 2308 (b) to compel compliance with his subpoena dated January 27, 2009, issued to John A. Thain, former Chief Executive Officer (CEO) of Merrill Lynch & Co., Inc. The Attorney General issued the subpoena to Thain under the authority of the Martin Act (General Business Law § 352 et seq.) and Executive Law &...

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