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STATE v. HILLTOP PRIVATE NURSING HOME, INC.

177 N.J. Super. 377 (1981)

426 A.2d 1041

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HILLTOP PRIVATE NURSING HOME, INC., JOSEPH MEYER, AND GLORIA MEYER, DEFENDANTS-RESPONDENTS. STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. HAROLD L. COHEN, BERNARD MANKOFF, C.P.A., AND GREEN GROVE NURSING AND CONVALESCENT CENTER, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Wayne J. Martorelli, Deputy Attorney General, argued the cause for appellant (John J. Degnan, Attorney General, attorney; Edwin H. Stier, Assistant Attorney General, of counsel).

Barry M. Epstein argued the cause for respondents Hilltop Private Nursing Home and Joseph Meyer (Sills, Beck, Cummis, Radin & Tischman, attorneys; Lee Alan Adlerstein and Daniel Louis Grossman, on the brief).

Charles M. Moriarty argued the cause for respondents Harold L. Cohen and Green Grove Nursing and Convalescent Center (Anschelewitz, Barr, Ansell & Bonello, attorneys).

Warren W. Wilentz argued the cause for respondent Bernard Mankoff, C.P.A. (Wilentz, Goldman & Spitzer, attorneys; Jack Venturi, on the brief).

Before Judges MATTHEWS, MORGAN and MORTON I. GREENBERG.

The opinion of the court was delivered by MATTHEWS, P.J.A.D.

At issue on these consolidated appeals is the question, novel to this State, as to whether subpoenas duces tecum returnable before a grand jury need prior authorization by that body. In the cases before us, the attorney general issued the subpoenas without specific and prior grand jury authorization. The subpoenas and the documents produced pursuant thereto were accordingly ordered suppressed.

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