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MATTER OF HYNES v. SIGETY

60 A.D.2d 808 (1978)

In the Matter of Charles J. Hynes, as Deputy Attorney-General of The State of New York, Respondent, v. Charles E. Sigety, Doing Business as Florence Nightingale Nursing Home, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 5, 1978

Affirmed. Respondent shall recover of appellant $60 costs and disbursements of this appeal.

Kupferman, J. P., dissenting.

Inasmuch as the respondent-appellant had a right legitimately to question the powers of the Deputy Attorney-General to issue subpoenas under subdivision 8 of section 63 of the Executive Law, and the matter was not entirely free from doubt (see Matter of Sigety v Hynes, 38 N.Y.2d 260

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