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PEOPLE v. CUTTITA

7 N.Y.3d 500 (2006)

858 N.E.2d 318

824 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK CUTTITA, Appellant.

Court of Appeals of New York.

Decided October 24, 2006.

Attorney(s) appearing for the Case

Albert A. Gaudelli, Forest Hills, for appellant.

Eliot Spitzer, Attorney General, New York City (Megan P. Davis, Robin A. Forshaw and Michael S. Belohlavek of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

GRAFFEO, J.

In this case, defendant Frank Cuttita asserts that the office of the State Welfare Inspector General was not statutorily authorized to prosecute him for knowingly operating an adult care facility without a license in violation of Social Services Law § 461-b (2) (c). Under the circumstances of this case, we agree that the Welfare Inspector General (WIG) lacked jurisdiction under...

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