Legal Opinion

Higgins v. New York State Department of Correctional Services

New York Supreme Court

Decided February 7, 1997Published

1Opinion of the Court

OPINION OF THE COURT

James B. Kane, J.

These are related actions involving Erie County’s housing of prisoners who are the responsibility of the State.

The first action seeks damages and a finding of contempt for failure to comply with an August 17, 1987 decision and an October 9, 1987 judgment of this court.

In pertinent part, the judgment provided: "It is declared that Respondents have a statutory duty to accept custody of any inmate confined in the Erie County Holding Center who has been judicially or administratively ordered committed to the custody of the New York State Department of…

2Cases cited11 opinions

  1. McCormick v. AxelrodNew York Court of Appeals · 1983
  2. McCain v. DinkinsNew York Court of Appeals · 1994
  3. Matter of Spector v. AllenNew York Court of Appeals · 1939
  4. Ketchum v. . EdwardsNew York Court of Appeals · 1897
  5. People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905

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