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Matter of Sreter

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1976
54 A.D.2d 936 (N.Y. App. Div. 1976)

Opinion

November 8, 1976


In a proceeding to quash a subpoena duces tecum, the appeal is from a judgment of the County Court, Nassau County, dated July 2, 1976, which denied the application. Judgment affirmed, without costs or disbursements. The books and records described in the subpoena are required to be kept by petitioner in compliance with sections 2803 Pub. Health and 2803-b Pub. Health of the Public Health Law and 10 NYCRR 730.6. Petitioner cannot avoid production thereof on the theory that their contents tend to incriminate her (see Matter of Kent Nursing Home v Office of Special State Prosecutor for Health Social Servs., 49 A.D.2d 616, affd 38 N.Y.2d 260). Petitioner must make the required records available for public inspection by duly authorized public officials whether she operates the nursing home as a partnership or as the sole proprietor (see Shapiro v United States, 335 U.S. 1; Lap v Office of Special State Prosecutor for Health Social Servs., NYLJ, May 28, 1976, p 10, col 4). We have examined appellant's other contentions and find them to be without merit. Cohalan, Acting P.J., Margett, Damiani, Rabin and Titone, JJ., concur.


Summaries of

Matter of Sreter

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1976
54 A.D.2d 936 (N.Y. App. Div. 1976)
Case details for

Matter of Sreter

Case Details

Full title:In the Matter of SUSAN SRETER, Doing Business as NASSAU NURSING HOME…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 1976

Citations

54 A.D.2d 936 (N.Y. App. Div. 1976)

Citing Cases

Lap v. Office of Special State Prosecutor for Health & Social Services

In a proceeding to quash two subpoenas duces tecum, the appeal is from a judgment of the Supreme Court,…