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Brunswick Hospital Center, Inc. v. October 1979 Grand Jury

51 N.Y.2d 975 Court N.Y. Decision date 1980-11-20 English

Judges Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

Contents

Majority

p. 975
In the Matter of Brunswick Hospital Center, Inc., Respondent, v October 1979 Grand Jury, Respondent, and Charles J. Hynes, as Deputy Attorney-General and Special Prosecutor in Charge of Hospital, Nursing Home and Adult Care Center Investigations, Appellant.
Decided November 20, 1980
p. 977
APPEARANCES OF COUNSEL
Charles J. Hynes, Deputy Attorney-General (Arthur G. Weinstein of counsel), appellant pro se.
Gordon J. Lang for respondent.

OPINION OF THE COURT

Order reversed, without costs, and matter remitted to the Appellate Division, Second Department, for reconsideration in the light of Matter of McGinley v Hynes ( 51 NY2d 116 ). We note, however, that this disposition is without prejudice to either party, if so advised, proceeding in timely fashion, pursuant to either CPLR 5601 or 5602, with respect to the order of the Appellate Division entered after reconsideration.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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