Legal Opinion

Reckess v. New York State Commission on Quality of Care for the Mentally Disabled

New York Court of Appeals

Decided November 16, 2006PublishedCited by 1 opinion

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

We are asked in this case whether respondent New York State Commission on Quality of Care for the Mentally Disabled had the authority to issue subpoenas seeking documents from petitioners, the operators of several adult care facilities, relating to mortgages that they secured through realty holding companies. We hold that the subpoenas are enforceable under Mental Hygiene Law §§ 45.09 and 45.10.

Petitioners Azriel and Paula Reckess operate five adult homes in Dutchess, Rockland and Ulster counties that provide long-term residential care and services to persons…

2Cases cited8 opinions

  1. Matter of Edge Ho Holding Corp.New York Court of Appeals · 1931
  2. Irwin v. Board of RegentsNew York Court of Appeals · 1970
  3. Shankman v. AxelrodNew York Court of Appeals · 1989
  4. People v. CuttitaNew York Court of Appeals · 2006
  5. Matter of Parisi v. Waterfront Comm'n of New York HarborNew York Court of Appeals · 1981

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3Cited by1 opinion

  1. Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012

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