Bowen v. State Commission of Correction
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Petitioners, the County of Saratoga and its Sheriff, brought the instant CPLR article 78 proceeding to annul a determination of the State Commission of Correction (the commission) denying their request for a 90-day variance for the Saratoga County Jail from a commission regulation (9 NYCRR 7040.4 [a]) prohibiting the double-celling of prisoners. There had been two previous such requests for a temporary variance in 1982, the first of which was granted by the commission and the second of which, after an on-site investigation by commission staff, was denied.…
2Cases cited8 opinions
- Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
- Sarkisian Bros. v. State Division of Human RightsNew York Court of Appeals · 1979
- Fink v. ColeNew York Court of Appeals · 1956
- MTR OF DI MARSICO v. AmbachNew York Court of Appeals · 1979
- Village of Herkimer v. AxelrodNew York Court of Appeals · 1983
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- Fraioli's Hydro-Power, Inc. v. Department of Environmental ProtectionNew York Supreme Court · 1989
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