Fludd v. Goldberg

Saxe, J.P (dissenting).

This CPLR article 78 proceeding raises the question of whether a trial court possesses the authority, postsentencing, to direct the Department of Correctional Services (DOCS) to take the necessary measures to ensure that a convicted criminal defendant will be unable to continue victimizing targeted members of the public and the justice system while he is incarcerated. I would hold that where a clear showing has been made that the inmate will continue, while in custody, his longstanding criminal practice of mailing fraudulent financial filings, falsely naming members of…