New York Court of Appeals

In the Matter of Charles E. Sigety, Doing Business as Florence Nightingale Nursing Home v. Charles J. Hynes, as…

December 22, 197538 N.Y.2d 260

Summary

The Court held that the Deputy Attorney‑General may issue subpoenas under Executive Law §63(8) to investigate nursing homes, that this authority is not limited by his prosecutorial role, that nursing homes cannot invoke the Fifth Amendment privilege under the Slutsky test, and that the subpoenas satisfy due‑process requirements; consequently the orders quashing the subpoenas were reversed and the order upholding a subpoena was affirmed.