Opinion
May 11, 1978
Order and judgment (one paper), Supreme Court, New York County, entered August 2, 1976, unanimously modified, on the law and the facts, and in the exercise of discretion, to direct return, within 30 days after service of the order to be entered hereon, of all materials, whether books or records, subpoenaed by respondent-respondent from petitioners-appellants, and otherwise affirmed, without costs and without disbursements. (See Matter of Sigety v Hynes, 38 N.Y.2d 260; Matter of Windsor Park Nursing Home v Hynes, 42 N.Y.2d 243; Hynes v Lefkowitz [Palm Beach Home], 62 A.D.2d 375; Hynes v Oceanaire Bldg. Corp., 62 A.D.2d 375; Hynes v Hi-Li Manor Home, 62 A.D.2d 375.) Copies of the records to be returned may be retained. There has been ample time during respondent-respondent's lengthy possession to have made such copies. Since we are without knowledge of what records of petitioners remain in respondent's hands, an order is to be settled hereon describing these materials sufficiently to obviate dispute. Settle order on notice.
Concur — Lupiano, J.P., Birns, Lane, Markewich and Sandler, JJ.