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MATTER OF ASWAD v. HYNES

80 A.D.2d 382 (1981)

In the Matter of Charles N. Aswad et al., Appellants, v. Charles J. Hynes, as Deputy Attorney-General of The State of New York, Respondent

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

May 21, 1981

Attorney(s) appearing for the Case

Aswad & Ingraham (Charles O. Ingraham of counsel), for appellants.

Edward J. Kuriansky (Richard D. Carruthers of counsel), for respondent.

MAIN, MIKOLL and YESAWICH, JR., JJ., concur with MAHONEY, P. J.; KANE, J., concurs in a separate opinion.

MAHONEY, P. J.

In 1977, Special Prosecutor Charles J. Hynes began an investigation into possible criminal violations at the Willow Point Nursing Home in Broome County. Pursuant to his authority under subdivision 3 of section 63 of the Executive Law, the Special Prosecutor subpoenaed petitioners to appear before an additional Grand Jury which was impaneled by order of this court in April of 1977. One of the petitioners...

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