Dorst v. Pataki
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Plaintiffs-appellants are two female inmates sentenced to a State correctional facility upon violent felony convictions. At present, both are ineligible for participation in any temporary release program solely as a result of Governor Pataki’s Executive Order No. 5.1 (9 NYCRR 5.5), issued pursuant to a 1995 amendment to Correction Law § 851 (2) (see, L 1995, ch 3, § 29). The amendment provided that: "The governor, by executive order, may exclude or limit the participation of any class of otherwise eligible inmates from participation in a temporary release…
2Cases cited15 opinions
- Loving v. United StatesSupreme Court of the United States · 1996
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- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
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