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

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…