Legal Opinion

Gonzalez v. New York State Department of Corrections & Community Supervision

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

Decided July 14, 2017No. 2015-07415PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Westchester County (Barry E. Warhit, J.), dated May 11, 2015. The order denied the petitioner’s motion pursuant to CPLR 8601 for an award of attorneys’ fees and expenses.

Ordered that the order is affirmed, with costs.

In July 2014, the petitioner, a pregnant inmate, was accepted into the Nursery Program at Bedford Hills Correctional Facility (hereinafter the facility), which allows for an inmate who gives birth while incarcerated to remain with her newborn child in the facility’s nursery for up to 18 months after the child’s birth. In October 2014,…

2Cases cited10 opinions

  1. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  2. Mastrio v. Sebelius, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 2014
  3. New York State Clinical Laboratory Ass'n v. KaladjianNew York Court of Appeals · 1995
  4. Ma v. Chertoff Ex Rel. United States Department of Homeland SecurityCourt of Appeals for the Second Circuit · 2008
  5. Murrin v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Matter of Clarke v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Criss v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Martucci v. Hyer-SpencerAppellate Division of the Supreme Court of the State of New York · 2023
  4. Matter of Markey v. TietzAppellate Division of the Supreme Court of the State of New York · 2025
  5. Matter of Santman v. SatterthwaiteAppellate Division of the Supreme Court of the State of New York · 2025

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