MATTER OF HYNES v. LERNER


44 N.Y.2d 329 (1978)

In the Matter of Charles J. Hynes, as Deputy Attorney-General for Health, Social Services and Nursing Homes, Respondent, v. Roland Lerner, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1978.


Attorney(s) appearing for the Case

Marc Freedman and George S. Meissner for appellant.

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

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


JASEN, J.

On October 28, 1976, appellant Roland Lerner, a partner in Park View Nursing Home, was served with a Bronx County Grand Jury subpoena duces tecum requiring him to produce essentially all the home's business records for 1970 "to the present".

In a motion to quash the subpoena, made on November 2, 1976, appellant alleged that the subpoena was unduly broad, and that since appellant was the target...

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