MANN JUDD LANDAU v. HYNES


49 N.Y.2d 128 (1979)

In the Matter of Mann Judd Landau et al., Appellants, v. Charles J. Hynes, as Deputy Attorney-General of the State of New York, Respondent. (And Two Other Proceedings.)

Court of Appeals of the State of New York.

Decided December 17, 1979.


Attorney(s) appearing for the Case

Gerald Walpin, Eric M. Rosenberg and Edward Labaton for appellants.

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

Chief Judge COOKE and Judges GABRIELLI and MEYER concur with Judge JASEN; Judge JONES dissents and votes to reverse in a separate opinion in which Judges WACHTLER and FUCHSBERG concur.


JASEN, J.

On this appeal, appellants challenge the authority of respondent Deputy Attorney-General Hynes to investigate possible Medicaid fraud and criminal conduct within hospitals and to issue Grand Jury subpoenas duces tecum in furtherance of his office's duty to prosecute such activity. To resolve the issue whether respondent possesses the requisite authority for this investigation, our inquiry focuses necessarily...

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