§ 354. Examination of witnesses and preliminary injunction. Whenever
the attorney-general has determined to commence an action under this
article, he may present to any justice of the supreme court, before
beginning such action, an application in writing for an order directing
the person or persons mentioned in the application to appear before the
justice of the supreme court or referee designated in such order and
answer such questions as may be put to them or to any of them, or to
produce such papers, documents and books concerning the alleged
fraudulent practices to which the action which he has determined to
bring relates, and it shall be the duty of the justice of the supreme
court to whom such application for the order is made to grant such
application. The application for such order made by the attorney-general
may simply show upon his information and belief that the testimony of
such person or persons is material and necessary. The provisions of the
civil practice law and rules, relating to an application for an order
for the examination of witnesses before the commencement of an action
and the method of proceeding on such examination, shall not apply except
as herein prescribed. The order shall be granted by the justice of the
supreme court to whom the application has been made with such
preliminary injunction or stay as may appear to such justice to be
proper and expedient and shall specify the time when and place where the
witnesses are required to appear. The justice or referee may adjourn
such examination from time to time and witnesses must attend
accordingly. The testimony of each witness must be subscribed by him and
all must be filed in the office of the clerk of the county in which such
order for examination is filed.