Ayers v. Coughlin

Yesawich, Jr., J.

(concurring in part and dissenting in part). We would affirm Supreme Court’s judgment.

The term "forthwith” is not discretionary (see, Bellacosa, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 430.20, at 309), it means "without delay” (Crespo v Hall, 56 NY2d 856, 858; County of Monroe v State of New York, 123 AD2d 141, 142, lv denied 69 NY2d 612) and not merely whenever the Department of Correctional Services deems it prudent to receive State-ready inmates. By in effect defining "forthwith” to mean promptly, only if the county jail is full, otherwise at the…