Law Enforcement Officers Union, District Council 82 v. State

Carpinello, J. (concurring in part and dissenting in part).

Because the effect of the majority’s decision is not merely the invalidation of a regulation, but the de facto permanent prohibition of double celling in existing State prisons, I am *293constrained to dissent. I do not believe that petitioners, who seek to nullify 9 NYCRR 7621.5 (hereinafter the final rule), have met their heavy burden of showing that same is "unreasonable and unsupported by any evidence” (Matter of Consolation Nursing Home v Commissioner of N. Y. State Dept. of Health, 85 NY2d 326, 332 [emphasis supplied]).

The record…