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RECKESS v. MENTALLY DISABLED

7 N.Y.3d 555 (2006)

858 N.E.2d 772

825 N.Y.S.2d 178

In the Matter of AZRIEL RECKESS et al., Respondents, v. NEW YORK STATE COMMISSION ON QUALITY OF CARE FOR THE MENTALLY DISABLED, Appellant.

Court of Appeals of New York.

Decided November 16, 2006.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Kathleen M. Treasure, Caitlin J. Halligan, Daniel Smirlock and Peter H. Schiff of counsel), for appellant.

Hinman Straub, P.C., Albany (James T. Potter of counsel), for respondents.

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

OPINION OF THE COURT

GRAFFEO, J.

We are asked in this case whether respondent New York State Commission on Quality of Care for the Mentally Disabled had the authority to issue subpoenas seeking documents from petitioners, the operators of several adult care facilities, relating to mortgages that they secured through realty holding companies. We hold that the subpoenas are enforceable under Mental Hygiene Law §...

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