Legal Opinion
County of Monroe v. State
New York Court of Claims
Decided November 18, 1985No. Claims Nos. 69342, 70130, 70327PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Harold J. Koreman, P. J.
Where the State fails or refuses to accept "forthwith” for commitment criminal defendants who have been sentenced to State correctional facilities, thereby forcing a county to maintain said prisoners for extended periods of time, does the law provide a private right of action for reimbursement of the county’s expenses? On the facts here presented we hold that no such action is available and, accordingly, summary judgment dismissing these claims must be entered.
Claimant County of Monroe alleges that upon the sentencing of convicted felons it is the…
2Cases cited8 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- Parsa v. State of New YorkNew York Court of Appeals · 1984
- Crespo v. HallNew York Court of Appeals · 1982
- County of Onondaga v. New York State Department of Correctional ServicesNew York Court of Appeals · 1984
- County of Onondaga v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by2 opinions
- County of Monroe v. StateAppellate Division of the Supreme Court of the State of New York · 1987
- Untitled California Attorney General Opinion, California Attorney General Reports2022