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FRIEDMAN v. Hi-Li MANOR

42 N.Y.2d 408 (1977)

In the Matter of Arthur Friedman, as Special Assistant Attorney-General, et al., Respondents, v. Hi-Li Manor Home for Adults, Appellant. In the Matter of Arthur Friedman, as Special Assistant Attorney-General, et al., Respondents, v. Israel Lefkowitz, Doing Business as Palm Beach Home for Adults, Appellant. In the Matter of Oceanaire Building Corporation, Appellant, v. Charles J. Hynes, as Deputy Attorney-General, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Jack S. Hoffinger and Robert A. Goldschlag for appellant in the first and second above-entitled proceedings.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan, Arthur Friedman and Matthew S. Greenberg of counsel), for respondents in the first and second above-entitled proceedings.

Robert A. Goldschlag and Jack S. Hoffinger for appellant in the third above-entitled proceeding.

Charles J. Hynes, Deputy Attorney-General (T. James Bryan, Arthur Friedman and Matthew S. Greenberg of counsel), for respondent in the third above-entitled proceeding.

Chief Judge BREITEL and Judges WACHTLER and FUCHSBERG concur with Judge JONES; Judge COOKE concurs in result in a separate opinion in which Judges JASEN and GABRIELLI concur.

JONES, J.

In these three cases we hold that the Deputy Attorney-General had authority by the issuance of an office subpoena duces tecum under subdivision 8 of section 63 of the Executive Law to compel the production of books and records of private proprietary homes for adults.

On August 2, 1976 the Governor issued Executive Order No. 36 (9 NYCRR 3.36) directing...

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