MATTER OF SIGETY v. HYNES


38 N.Y.2d 260 (1975)

In the Matter of Charles E. Sigety, Doing Business as Florence Nightingale Nursing Home, Respondent, v. Charles J. Hynes, as Deputy Attorney-General, Appellant. In the Matter of East River Nursing Home, Respondent, v. Charles J. Hynes, as Deputy Attorney-General, Appellant. In the Matter of Kent Nursing Home, Appellant, v. Office of the Special State Prosecutor for Health and Social Services, Respondent.

Court of Appeals of the State of New York.

Decided December 22, 1975.


Attorney(s) appearing for the Case

Charles J. Hynes, Deputy Attorney-General (T. James Bryan and Hillel Hoffman of counsel), for appellant in the first and second above-entitled proceedings.

Howard G. Kristol, Jules Ritholz and Robert S. Fink for respondents in the first and second above-entitled proceedings.

David C. Gilberg and Robert A. Gilberg for appellant in the third above-entitled proceeding.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan and Hillel Hoffman of counsel), for respondent in the third above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

The three cases under review raise the fundamental question of whether the Deputy Attorney-General, for his part in the ongoing investigation of the nursing home industry, has subpoena power as provided in subdivision 8 of section 63 of the Executive Law.*

Deputy Attorney-General Hynes appeals from an order of the Appellate Division, First Department, which unanimously...

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