People v. Marcus Garvey Nursing Home, Inc.

Nardelli and McGuire, JJ.,

concur in a separate memorandum by McGuire, J., as follows: I agree with Justice Tom’s concurrence that the order of Supreme Court should be affirmed, but reach that conclusion for different reasons.

Justice Tom’s concurrence upholds the issuance of the subpoenas solely on the ground of the Attorney General’s authority under Executive Law § 63 (12). I would not rely on that statute. The Attorney General argues that Executive Law § 63 (12) is not limited to consumer fraud cases, and I do not quarrel with the argument at that level of generality. But it is far from…