Pressure is mounting on the state Health Department to release more information on how the COVID-19 virus swept through nursing homes during the pandemic.

On Wednesday, a state Supreme Court judge ruled that the Health Department has five days to release more information on the total number of COVID-19 related deaths in nursing homes.

The Empire Center filed the lawsuit back in August after the health department kept stalling on releasing this total number of nursing home deaths.

Bill Hammond, a health policy researcher at the Empire Center who was part of this lawsuit, says they are looking for a detailed breakdown of COVID-19 related deaths by facility.

"We want it for each facility on each day so we can track how the pandemic unfolded over time and over different parts of the state," Hammond explained.

After the Attorney General released her report, which found that the health department undercounted nursing home deaths by almost 50%, health officials quickly released the long sought after numbers.

Lawmakers and health policy analysts worry though this is still not the full picture.

Many argue that knowing exactly when these deaths occurred is also important in analyzing how past policy effected nursing home residents.

For example, the Cuomo administration used this incomplete data when looking at the impact of the controversial March 25 executive memo that allowed nursing homes to accept COVID positive residents into their facilities.

"They used that analysis to say that the March 25 memo did not have a significant effect," Hammond explained. "But they were using only the partial data. They weren’t counting deaths that happened in hospitals. So the only way we can verify that finding on their part would be if we have the same data that they have only a more complete version."

In response to the court ruling, a spokesperson for the State Health Department Gary Holmes sent a statement, which reads in part, "With the preliminary audit complete, we were already in the process of responding to their FOIL request, and updating DOH’s website with publicly available information."

But Hammond says this is only the first step.

Frustrated State Senate and Assembly Republicans decided to write up their own subpoena to be sent to the Health Department seeking more detailed records of the state’s handling of COVID-19 in nursing homes.

"We’ve had a subpoena drafted and if any of my colleagues in the Senate Majority are really serious about issuing a subpoena and launching a thorough investigation all they have to do is sign and send it," Senator Sue Serino said whileholding up the drafted subpoena.

However, since Republicans are in the minority, subpoena power is left up to the Democrats in both houses.

Deputy Senate Majority leader Mike Gianaris said that his conference is considering subpoenas if Health Commissioner Dr. Howard Zucker does not release more information before he testifies on February 25.

"There’s a lot of displeasure in the legislature, both houses, with what has happened and the way it has been handled," Senator Gianaris said. "It has not been what people should expect. It has not been transparent. It has not been keeping with this idea that we are co-equal branches of government. I know there will be substantial conversations about how to move forward, but you can expect the legislature will flex its muscles."

However, other high ranking Democrats are now pushing for oversight hearings and Democratic Senator Liz Krueger said there was an "intentional underreporting of deaths."

Senator Krueger, among other Democrats and Republicans, are calling for rollbacks to the governor’s emergency powers.

Senator Gianaris said he has been in discussion with his fellow members on this issue, but pointed to how these powers expire at the end of April.

Assembly Democrats also have the ability to issue subpoenas.

The speaker’s office issued a statement writing, "This healthcare crisis has taken a terrible toll on New York's families and we are closely reviewing the Attorney General's report."