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County of Onondaga v. New York State Department of Correctional Services

466 N.E.2d 146, 62 N.Y.2d 826, 477 N.Y.S.2d 606, 1984 N.Y. LEXIS 4385
CourtNew York Court of Appeals
DecidedJune 5, 1984
StatusPublished
Cited by8 cases

This text of 466 N.E.2d 146 (County of Onondaga v. New York State Department of Correctional Services) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Onondaga v. New York State Department of Correctional Services, 466 N.E.2d 146, 62 N.Y.2d 826, 477 N.Y.S.2d 606, 1984 N.Y. LEXIS 4385 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Petitioners commenced this proceeding seeking relief in the nature of mandamus to compel respondents to accept sentenced prisoners within a specified period of time. Respondents concede that CPL 430.20 (subd 1) imposes upon them a clear legal obligation to accept sentenced prisoners “forthwith” (Crespo v Hall, 56 NY2d 856), but urge that this mandate has not been violated in the present case. We agree that, on this record, which indicates only that the relevant delays in accepting prisoners amount to an average of six days, petitioners have failed to establish such a clear violation of respondents’ duty as to warrant mandamus relief (contrast Crespo v Hall, supra [an action for declaratory judgment and incidental injunctive relief]).

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
466 N.E.2d 146, 62 N.Y.2d 826, 477 N.Y.S.2d 606, 1984 N.Y. LEXIS 4385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-onondaga-v-new-york-state-department-of-correctional-services-ny-1984.