Law Enforcement Officers Union, District Council 82 v. State

OPINION OF THE COURT

Joseph Harris, J.

In this CPLR article 78 proceeding, petitioners move by order to show cause for an order: (1) vacating, voiding and annul*782ling the emergency regulation adopted by the New York State Commission of Correction relating to double occupancy housing units, which regulation was filed as an emergency rule on May 2, 1995, on the grounds that such emergency rule does not conform with the provisions of the State Administrative Procedure Act; (2) vacating, voiding and annulling the aforesaid emergency regulation on the grounds that it is arbitrary and capricious…