PEOPLE v. MARCUS GARVEY NURSING HOME, INC.


57 A.D.3d 201 (2008)

867 N.Y.S.2d 676

THE PEOPLE OF THE STATE OF NEW YORK, by Andrew M. Cuomo, Attorney General of the State of New York, Respondent, v. MARCUS GARVEY NURSING HOME, INC., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 2, 2008.


Tom, J.P., and Williams, J., concur in a separate memorandum by Tom, J.P., as follows: The Attorney General issued the subject subpoena in the course of an investigation of financial impropriety and mismanagement at respondent nursing home, as well as possible patient abuse (see Public Health Law § 2803-c). The Attorney General's office is empowered to apply to enjoin such fraudulent or illegal activities, to take proof and to issue subpoenas "[I]n connection...

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