MATTER OF BRUNSWICK HOSP. CTR., INC. v. OCTOBER 1979 GRAND JURY


51 N.Y.2d 975 (1980)

In the Matter of Brunswick Hospital Center, Inc., Respondent, v. October 1979 Grand Jury, Respondent, and Charles J. Hynes, as Deputy Attorney-General and Special Prosecutor in Charge of Hospital, Nursing Home and Adult Care Center Investigations, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1980.


Attorney(s) appearing for the Case

Charles J. Hynes, Deputy Attorney-General (Arthur G. Weinstein of counsel), appellant pro se.

Gordon J. Lang for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Order reversed, without costs, and matter remitted to the Appellate Division, Second Department, for reconsideration in the light of Matter of McGinley v Hynes (51 N.Y.2d 116). We note, however, that this disposition is without prejudice to either party, if so advised, proceeding in timely fashion, pursuant to either CPLR 5601 or 5602, with respect to the order of the Appellate Division entered after reconsideration...

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