Preview
FILED: NEW YORK COUNTY CLERK 03/15/2024 04:43 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 848 RECEIVED NYSCEF: 03/15/2024
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 03/15/2024 04:43 PM INDEX NO. 451549/2023
NYSCEF DOC. NO. 848 RECEIVED NYSCEF: 03/15/2024
104 LAws or Nsw Yoss, 1970 [CHAP.
rules, regulations or statutes are interpreted by the federal trade
commission or such department, division, commission or agency or
the federal courts.
(a) Nothing in this section shall apply to any television or radio
broadcasting station or to any publisher or printer of a newspaper,
magaeine or other form of printed advertising, who broadcasts,
publishes, or prints the advertisement.
(f) In connection with any proposed proceeding under this sec-
tion, the attorney general is authorised to take proof and make a
defermination of the relevant facts, and to issue subpoenas in
accordance with the civil practice law and rules.
(g) This section shall apply to all deceptive acts or practices
declared to be unlawful, whether or not subject to any other law
of this state, and shall not supersede, amend or repeat any other
law of this state under which the attorney general is authorised
to take any action or conduct any inquiry.
§ 3. This act shall take effect on the first day of September next
succeeding the date on which it shall have become a law.
CHÃISERA
AN ACT to amend the executive law, in relation to authority of the attorney
general to seek restitution in certain proceedings
Became a law March 3, 1970, with the a roval of the Governor. Passed by a
. majority vote, three- ths being present
The People of the Riste of New York, represented in Benote and AssernHy,
do enset as follose:
Section 1. Subdivision twelve of section sixty-three of the execu-
W tive law, as last amended by chapter six hundred eighty of the laws
of nineteen hundred sixty-seven, is hereby amended to read as
folloWS:
12. Whenever any person shall engage in repeated fraudulent or
illegal acts or otherwise demonstrate persistent fraud or illegality
in the carrying on, conducting or transaction of business, the
attorney-general may apply, in the name of the people of the state
of New York, to the supreme court of the state of New York, on
notice of five days, for an order enjoining the continuance of such
business activity or of any fraudulent or illegal acts, directing
restitution and, in an appropriate case, canealling any certifleate
filed under and by virtue of the provisions of section four hundred
forty of the former penal law or section one hundred thirty of the
general business law, and the court may award the relief applied
"fraud"
for or so much thereof as it may deem proper. The word
"fraudulent"
or as used herein shall include any device, scheme or
artifice to defraud and any deception, conceal-
misrepresentation,
ment, suppression, false pretence, false promise or unconscionable
contractual provisions.
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45] LAWS OF Nnw YoaK, 1970 105
NEw YoBE, 1970 [CHAP.
In connection with any such proposed application, the attorney
are preted by the federal trade seneral is authorized to take proof and make a determination of the
1, dimsson, commsssson or agency or elevant facts and to issue subpoenas in accordance with the eivil
practice law and rules.
thall apply to any television or radio
M
publisher or printer of a newspaper, § 2. This act shall take effect immediately.
rinted advertising, who broadcasts,
tisement.
proposed proceeding under this sec- 45
wthorized to take proof and make a
and to issue subpoenas in AN ACT to amend the election law, in relation to purchasing of supplies and
facts, equipment for elections by the board of elections of Nassau county
tice law and rules.
r to all deceptive acts or practices Became a law March 3, 1970, with the a royal of the Governor. Passed by a
ter or not subject to any other tow majwity vote, three- ths being present
ersede, amend or repeal any other no People of the 8tate of New York, represented in Renete and AssemHy,
the attorney general es authornsed fonowe-
do enact as
Section 1. Subdivision four of section fifty-one of the election law
on the first day of September next amended to read as follows:
is hereby
shall have become a law.
4. The board of elections of such county shall have and exercise
the powers and duties under this chapter, not inconsistent with
this section, of all officers in the county of Nassau, in respect of
elections and matters preliminary or relating thereto, except village,
school, fire and other special district elections, and except those of
, in relation to authority of the attorney
tion in certain proceedings inspectors and poll elerks and county, eity and town boards of
eanvassers. Such board of elections shall direct the purchase or
entar"" P"'''d by *
*,,, lease of voting machines, of a kind authorized by law, and all appli-
,i°ng pre
ances and equipment relating to or used in the conduct of elections
rk, re resented in Benate and assemHy, which shall be selected by such board. All voting machines and all
8
appliances and equipment relating to or used in the conduct of
of etion sixty-three of the execu. elections shall be in the eare, custody and control of the board of
pter six hundred eighty of the laws elections. Such board may eause all necessary repairs and altera-
tions to be made and employ such help as may be necessary to*
n, is hereby amended to read as
making such repairs and in moving, setting up and earing for all
election materials, equipment and applicances,t including voting
1 engage in repeated fraudulent or
machines. All supplies, equipment or election apphances to be used
trate persistent fraud or illegality
or farmshed by such board shall be purchased by [the county
: or transaction of business, the
he name of the people of the state purchasing agent] such board unless otherwise provided by ordi-
mrt of the state of New York, nance of the board of supervisors. All expenses of such board of
on
elections shall be certified, audited and paid as are other claims
enjoining the continuance of such
agamst the county, and all expenses connected with elections and
udulent or illegal acts, directing
matters prehmmary or relatmg thereto, meludmg compensation of
Lte ease, cancelling any certificate
inspectors and elerks of election, shall be a county charge.
provisions of section four hundred
section one hundred thirty of the
§ 2. This act shall take effect immediately.
urt may award the relief applied
deem proper. "fraud" " So in
The word original [Evidently should read "in."]
hall include any device, scheme or t So in origmal. (Word misspelled.]
±ption, misrepresentation, conceal-
, false promise or unconscionable EmamATrow - Matter in ital es is new: matter in brackets { ] is old law to be omitted.
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NYSCEF DOC. NO. 848 RECEIVED NYSCEF: 03/15/2024
GOVERNOR'S MEMORANDA ON BILLS APPROVED
(Arranged in Order of Chapter Number)
Penal law: railroad police A. 481, D. Cook Ch. 13
The bill amends the Penal Law to authorize any person appointed by the
Superintendent of State Police as a railroad policeman pursuant to Section 88
of the Railroad Law, to possess firearms without a license.
To qualify as a railroad policeman, a proposed appointee must receive the
minimum police training required for local police officers by the Municipal
Police Training Council. Moreover, the Railroad Law specifically requires
certification of adequate firearms training.
Prior to 1964, pursuant to a formal opinion of the Attorney General, railroad
policemen were deemed to be exempted from the firearms licensing requirements
of the Penal Law, as are police officers generally. By oversight, a 1964 amend-
ment to the law (L. 1964, c. 260) failed to continue adequate reference to railroad
policemen. As a consequence, in an opinion to the Superintendent of the New
York State Police on May 12, 1969, the Attorney General was led to the conclu-
sion that railroad policemen were no longer exempt from the firearms licensing
requirement of the Penal Law. This bill corrects that oversight.
Approval of the bill has been recommended by the Division of Local Police
of the Office for Local Government, the Chairman of the Crime Control Planning
Board, the Director of the Office of Crime Control Planning, the Superintendent
Sheriffs' Associa-
of State Police, the Executive Director of the New York State
tion, the Metropolitan Transportation Authority, New York Railroad Association
and the United Transportation Union.
General Business Law: consumer protection
deceptive practices S. A53-B, Greenberg Ch...43
Executive Law: restitution, fraudulent practice A, 1101 erry Ch. 44
These bills will strengthen the consumer protection powers of the Attorney
General by enabling him to obtain injunctions against all deceptive and
fraudulent practices affecting consumers and by clarifying his powers to obtain
restitution for defrauded consumers in such proceedings.
Consumers have the right to an honest market place where trust prevails
between buyer and seller. The power to obtain injunctions against any and
all deceptive and fraudulent practices will be an important new weapon in
New York State's long standing efforts to protect people from consumer
frauds. Similarly, the power to obtain restitution will also aid in protecting
A consumers to undo the fruits of past fraud as the power to enjoin will be
effective against future fraud.
These powers granted to the Attorney General under these bills will afford
a practical means of halting consumer frauds at their incipiency without the
472
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.
GOVERNOR'S MEMORANDA ON BILLS APPROVED
necessity to wait for the development of persistent frauds, as required under
existing, narrow statutes, and will provide a means to make the victims of
past fraud whole again. These bills would strengthen the legal enforce-
greatly
ment powers of the General without the consumer protec-
Attorney impairing
tion powers of other governmental agencies.
These bills are part of the Attorney General's legislative program. The
bill authorizing injunctions against deceptive and fraudulent practices has
been based on recommendations of the Committee on New York State Anti-
Trust Law of the Anti-Trust Section of the New York State Bar Association.
Such measure, in the words of the words of the New York State AFL-CIO,
will be of great benefit in dealing "more effectively with the neverending
stream of consumer gypsters and fraudulent operators, whose principal victims
poor."
are the
I was pleased to recommend these measures in my Annual Message to the
Legislature and I am pleased now to be able to give them my approval.
Community school districts: S. 8656, Brydges, et alia Ch. 121
This bill would permit the establishment of six community districts in the
Borough of Manhattan under the New York City School Decentralization Plan
and provide a timetable for the conduct of elections to elect the com-
orderly
munity boards of such districts.
This bill, introduced upon the request of the New York City Board of
Education, was adopted with overwhelming bi-partisan support in both Houses
of the Legislature. By rernoving the present restriction that all community
districts have at least 20,000 average daily attendance, the bill will aid the
Board of Education in the establishment of community districts in Manhattan
consistent with established community patterns and responsive to the aspirations
of the residents of Manhattan.
I am pleased to approve this measure.
Social Services Law: handicapped, income exemption A. 4865, Levy Ch. 137
This bill, recommended in my Annual Message to the Legislature, amends
the Social Services Law to exempt the first $7.50 of monthly income of an
applicant for or recipient of old age assistance, assistance to the blind or aid to
the disabled.
I am pleased to approve this bill to implement Federal legislation to permit
the aged, blind and disabled to keep up to $7.50 per month of outside income
without having their public assistance grants reduced by that amount.
473
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TE OF NEW YORK
A. 1101
NATE - ASSEMBLY
.ianuary 13, 1970
NATE-Introduced by Mr. DUNNE-(at request of the
Department of Law)-read twice and ordered printed,.and
printed to be committed to the Committee on Finance
EMBLY-Introduced by Mr. TERRY-(at request of the
Department of Law)-read once and referred to the Com-
on Governmental Operations
AN ACT
nd the executive faw, in relation to authority of the
y general to seek restitution in certain proceedings
ple of the State of New York, represented in Senate and
do enact as follows:
1. Subdivision twelve of section sixty-three of the execu-
as last amended six hundred
by chapter eighty of the laws
n hundred is hereby amended to read as
sixty-seven,
enever any person shall engage in repeated fraudulent or
ts or
otherwise demonstrate persistent fraud or illegality
trying on, conducting or transaction of business, the
neral may in the name of the people of the state
apply,
ork, to the supreme court of the state of New on
York,
e for
days, an order enjoining the continuance of such
. atter in isalics is new; matter in brackets E ] is old law to be omitted.
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2
I business activity or of any fraudulent or illegal di
acts,
2 restitution and, in an appropriate case, cancelling any cer
3 filed under and by virtue of the provisions of section four h
4 forty of the former penal law or section one hundred thirty
5 general business law, and the court may award the relief a
6 for or so much thereof as it may deem proper. The word "f
"fraudulent"
7 or as used herein shall include any device, sch
8 artifice to defraud and any deception, misrepresentation, e
9 suppression, false pretence, false promise or unconsci
ment,
10 contractual provisions.
11 In connection with any such proposed application, the at
12 general is authorized to take proof and make a determination
18 relevant facts and to issue subpoenas in accordance with t
14 practice law and rules.
..
act shall take effect immediately.
15 § 2. This
8
ei
ti(
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H A PT E R__
;al. No 96 953-B
1969-1970 Regular Sessions
IN SENATE
(Prepled )
January 8, 1969
Int roducesi by 31r. GREENBE RG t at request of the State Depart-
ment of Law J-read twice and ordered printed, and when printed
to be committed to the Committee on General Lawn-recommitted
to Committee on General Lawn in accordance with Senate Rule
?3, see. 1I-reported favorably from naid committee and com-
mitted to the Unmmittee of the Whole, Committee of the Whole
- discharged, bill amended,
to said Unmmittee
ordered
of the Whole
reprinted and recommitted
Notes .
AN ACT
pro-
-
To amend the general business law, In relation to consumer
tootion from deceptive acts and practices
compared by .
MAR 3 197
CROFILEER
nate.......... ..................
No. of prissed hills .................
No. of expossues
exclusive of bills
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. ... ... ..........................19.........
By Mr................. ........ ....... ......'.1..a................................ ... ......... .....
Resolved (if the Assembly concur), That a respectful message be sent to the c.overnor requesting
the return to the Senate of the Senate bill No. ................. ...V................................................
for the purpose of amendment.
By order of the Senate,
In BasembIt
FEBRU ARY 24 1970
....................................................................1s.........
Comeurred in without amendments.
By order of the Assembly,
DONALD A. CAMPSELL h
Form No. 29A
I / 1 / 69
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NYSCEF DOC. NO. 848 RECEIVED NYSCEF: 03/15/2024
5 LI -6×"500 (7B 3-$9,
State of New York
Executive Chamber
Albany ,.., .
3
To the Senate:
Punnant to cornurrent resolution of the
Senate and Assembly, herewsth n wturneri ten amendment Senate Ritt,
Number 953-B .............. ... ..... ...
Entitled "An Act
to amend the general business law, in relatian to consumer
pract1ees"
protection from deceptive acta and
Counsel o the coverno
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. . .... .to . ...
GREEN6iPG
B y Mr......................................... ... .. ................... ...... .... .......:
Resolved (if the Assembly concur;, That Senate bill No. .... .. . .. .................,
be returned to the Governor.
IN SEMATE
Cal. No. 96 953-B
Mr. GREENBERG
An act to amend the general huainess law, in relation to censumer
protection from deceptive acta and practices.
sy..d.r a a.a
En RosemNg
Comourred in without ==d==""
Fonn No. SIA
1 / 1 / 69
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CHAP
SL 6148 A. 1101
SENATE -ASSEMBLY
January 13, 1970
I A bEN ATE- Introdaeed by 51r DUhNE at reque t of the
btat¢ Department of La¼J-read twice and ordered printed, and
when printed to he committed to the Comnuttee on Finance
IN At$53fl1LY--lutr"8luced by Vr TERRY (at request of the
te be;ntrhin nt of Law Lread onct and rtftrred to the Com-
tte mu Governmental Operations
AN ACT
1 a To amend the executive law, in relation to authority of the
attdrney general to seek restitution an certain proceedings
42
T ConÆa r -
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/33
n
45F rE pF NE RT allWrfli flEPDliT
S. 6148
A. 1101
SENAT$-ASSEMBLY
January 13, 1970
IN SENATE-intral ced ley Mr. DUNNE-uit request of the