Opinion
Argued April 25, 1977
Decided June 16, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BIRDIE AMSTERDAM, J.
Charles Marks for appellants-respondents.
Louis J. Lefkowitz, Attorney-General (Shirley Adelson Siegel and Samuel A. Hirshowitz of counsel), for respondent-appellant.
Order modified by striking therefrom the provision directing a hearing, and by granting the cross motion of the Attorney-General for summary judgment and dismissing the petition and, as so modified, affirmed, with costs to the Attorney-General against petitioners. (See Matter of Whalen v Lefkowitz, 36 N.Y.2d 75, 78, 79; see, also, General Business Law, § 352-e, subd 1, par [b]; 13 N.Y.CRR 17.2 [b] [2], [xiii].)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.