Legal Opinion

Taylor v. New York State Department of Correctional Services

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

Decided March 5, 1998PublishedCited by 5 opinions

1Opinion of the Court

—White, J.

Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 22, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to lift his suspension to carry a firearm off duty.

State correction officers, like petitioner, are granted a statutory exemption from prosecution for criminal possession of a weapon (Penal Law § 265.20 [a] [1] [c]; CPL 2.10 [25]). This exemption is circumscribed by respondent’s Directive No. 2020, which provides it with the right to…

2Cases cited9 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. MTR SCHWARTFIGURE v. HartnettNew York Court of Appeals · 1994
  4. New York City Transit Authority v. New York State Department of LaborNew York Court of Appeals · 1996
  5. Brown v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1997

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

3Cited by5 opinions

  1. Prestige Towing & Recovery, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2010
  2. HD Services, LLC v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2008
  3. Partee v. EvansNew York Supreme Court · 2013
  4. Feiner v. New York State Board of Real Property ServicesAppellate Division of the Supreme Court of the State of New York · 2002
  5. First Baptist Church of Crown Heights Center for Nursing & Rehabilitation, Inc. v. NovelloNew York Supreme Court · 2001

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