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  5. 42 N.Y.2d 243 (1977)
 

WINDSOR PARK HOME v. HYNES

42 N.Y.2d 243 (1977)

In the Matter of Windsor Park Nursing Home, Appellant, v. Charles J. Hynes, as Deputy Attorney-General of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Robert A. Goldschlag and Jack S. Hoffinger for appellant.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan of counsel), for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge JASEN dissents in part and votes to affirm in a separate opinion in which Judge COOKE concurs.

FUCHSBERG, J.

The issues on this appeal are whether the Special Prosecutor has established a sufficient factual basis for the issuance of an office subpoena duces tecum and, if he has, whether it entitles him to retain possession of the books and records so subpoenaed for his private examination and audit.

The Special Prosecutor served an office subpoena duces tecum upon a partner in petitioner Windsor...

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