Town of Wilton v. Department of Correctional Services

Appellate Division of the Supreme Court of New York

Town of Wilton v. Department of Correctional Services

55 A.D.2d 737, 1976 N.Y. App. Div. LEXIS 15518

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1976

StatusPublished

This text of 55 A.D.2d 737 (Town of Wilton v. Department of Correctional Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Town of Wilton v. Department of Correctional Services, 55 A.D.2d 737, 1976 N.Y. App. Div. LEXIS 15518 (N.Y. Ct. App. 1976).

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Opinion

Motion to vacate statutory stay pursuant to CPLR 5519 (subd [c]) granted, without costs, only to the extent that appellants are enjoined, pending the determination of the appeal or the resolution of the underlying proceeding if that should occur first, from increasing the population at the Mount McGregor site beyond the number of 150 inmates. In so limiting the relief granted, the court has relied upon the assurances of appellants’ attorney on the argument that only minimum-security inmates will be moved to the facility and that no major construction will be commenced on the site until the determination of the underlying proceeding. Koreman, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Motion to vacate statutory stay pursuant to CPLR 5519 (subd [c]) granted, without costs, only to the extent that appellants are enjoined, pending the determination of the appeal or the resolution of the underlying proceeding if that should occur first, from increasing the population at the Mount McGregor site beyond the number of 150 inmates. In so limiting the relief granted, the court has relied upon the assurances of appellants’ attorney on the argument that only minimum-security inmates will be moved to the facility and that no major construction will be commenced on the site until the determination of the underlying proceeding. Koreman, P. J., Greenblott, Kane, Main and Herlihy, JJ., concur.

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Bluebook (online)

55 A.D.2d 737, 1976 N.Y. App. Div. LEXIS 15518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-wilton-v-department-of-correctional-services-nyappdiv-1976.