Figaro v. Ward

The petitioners have instituted a CPLR article 78 proceeding in the nature of prohibition wherein they seek a judgment prohibiting the Commissioner of the Department of Correctional Services of the State of New York from enforcing one of his directives.

Each petitioner is a correction officer employed by the Department of Correctional Services of the State of New York. On October 27, 1975, the Commissioner of the Department of Correctional Services issued a directive regulating the carrying of certain concealed firearms by off-duty peace officers. Under that directive, if a peace officer…