Legal Opinion

Dorst v. Pataki

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1997PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Crew III, J.

Plaintiffs are five inmates at Albion Correctional Facility in Orleans County who commenced a CPLR article 78 proceeding seeking a declaration that defendant Governor’s Executive Order No. 5 (9 NYCRR 5.5), issued January 24, 1995, was unconstitutional. The Executive Order prevented the "future transfer to any temporary release program or residential treatment facility of any inmate sentenced as a violent felony offender convicted of a crime involving the infliction of serious physical injury, the use or threatened use of a dangerous instrument or the use or…

2Cases cited4 opinions

  1. Boreali v. AxelrodNew York Court of Appeals · 1987
  2. Levine v. WhalenNew York Court of Appeals · 1976
  3. Sullivan County Harness Racing Ass'n v. GlasserNew York Court of Appeals · 1972
  4. Cavaioli v. Board of Trustees of the State UniversityAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. Carpenter Technology Corp. v. Commissioner of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 2002
  2. Dorst v. PatakiNew York Court of Appeals · 1997
  3. Rossney v. PatakiAppellate Division of the Supreme Court of the State of New York · 1997
  4. Matter of Rincon v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
  5. Law Enforcement Officers Union, District Council 82 v. StateAppellate Division of the Supreme Court of the State of New York · 1997

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