N.Y. Comp. Codes R. & Regs. tit. 9 § 3.36

Current through Register Vol. 46, No. 43, October 23, 2024
Section 3.36 - Executive Order No. 36: [Requiring Attorney General to inquire into matters concerning private proprietary homes for adults.]

TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL FOR THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK .........................................................................................................................

WHEREAS, the treatment and care of elderly citizens in private proprietary homes for adults, and the management and operation of such facilities are matters concerning the public peace, public safety and public justice of the State of New York; and

WHEREAS, the compensation for that treatment and care is derived in part from public funds, and the State of New York is responsible for licensing and supervising such facilities; and

WHEREAS, there have been numerous allegations of violations of law and mistreatment of residents in such facilities; and

WHEREAS, the New York State Board of Social Welfare has requested you to investigate and prosecute the alleged commission of indictable offenses relating to private proprietary homes for adults, pursuant to subdivision 3 of Section 63 of the Executive Law, and you have designated Special Deputy Attorney General Charles J. Hynes to act in these matters; and

WHEREAS, Special Deputy Attorney General Charles J. Hynes has requested that I authorize an inquiry into private proprietary homes for adults, pursuant to subdivision 8 of Section 63 of the Executive Law, and had advised me that such an inquiry would be in the public interest;

NOW, THEREFORE, pursuant to subdivision 8 of Section 63 of the Executive Law, and in view of the request of Special Deputy Attorney General Charles J. Hynes, I find that the public interest requires that I direct you to inquire into all matters concerning the administration, management, control, operation, supervision, funding and quality of private proprietary homes for adults, or any principal, operator, agent, supplier or other person connected therewith; and I direct you to do so in person or by your deputy to have the powers set forth in said subdivision 8 for the purpose of this requirement.

Signed: Hugh L. Carey

Dated: August 2, 1976

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.36