Some Orange County Legislators are fed up with the County Executive. Ed Diana was a no show at not one, but two subpoenaed appearances. The legislature makes a ruling whether to take legal action against Diana. YNN's Elaina Athans has more.

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GOSHEN, N.Y. -- With a one vote difference among the Orange County Legislature, it's decided that no legal action will be taken against County Executive Ed Diana. A committee wanted to take him to court as a way to get him to testify.

An investigation is being done into the financial viability of the county-owned Valley View Nursing Home. A committee subpoenaed Diana twice and both times, he was a no show. Some legislators feared the legal endeavor would end up being expensive for taxpayers.

"As one of the few folks up there who’s a licensed attorney, I have an idea of the costs that we’re going to run into. The legal appeals that are automatically going to follow. I don’t think that they are necessary at this point," said Orange County Legislator Daniel Castricone.

"All the workers and their families is worth, if it's going to get the truth, $100,000," said Orange County Legislator Christopher Eachus.

Some that voted in favor steadfastly believe there's no cost too great to get Diana to answer questions about Valley View. There are hundreds of people that either work or live at the facility. Its funding runs out at the end of the year.

Diana has long said valley view is a financial drain and it costs the County about $19 million a year. However, a legislator overseeing this investigation says that number is highly inflated.

"It's not double dipping. It's triple dipping. We have seen just from the testimony the numbers are not real," said Orange County Legislator Roxanne Donnery.

An attorney representing Diana says the County Executive would speak, but without being sworn under oath or without the penalty of perjury.

"They (legislators) have no exhausted every single one of those options," said Orange County Legislator Katie Bonelli.

A few legislators want the committee to reach out to Diana through other avenues to get needed information. The investigation is supposed to be completed by September.