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County of Onondaga v. New York State Department of Correctional Services

62 N.Y.2d 826 Court N.Y. Decision date 1984-06-05 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Contents

Majority

p. 826
In the Matter of County of Onondaga et al., Appellants, v New York State Department of Correctional Services et al., Respondents.
Argued April 30, 1984;
decided June 5, 1984
p. 828

Headnote

APPEARANCES OF COUNSEL
Robert J. Rossi, County Attorney (John R. Voninski of counsel), for appellants.
Robert Abrams, Attorney-General (Nancy A. Spiegel and Peter H. Schiff of counsel), for respondents.
Kenneth R. Fisher for Association of County Attorneys, amicus curiae.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Petitioners commenced this proceeding seeking relief in the nature of mandamus to compel respondents to accept sentenced prisoners within a specified period of time. Respondents concede that CPL 430.20 (subd 1) imposes upon them a clear legal obligation to accept sentenced prisoners “forthwith” (Crespo v Hall, 56 NY2d 856 ), but urge that this mandate has not been violated in the present case. We agree that, on this record, which indicates only that the relevant delays in accepting prisoners amount to an average of six days, petitioners have failed to establish such a clear violation of respondents’ duty as to warrant mandamus relief (contrast Crespo v Hall, supra [an action for declaratory judgment and incidental injunctive relief]).

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Order affirmed, without costs, in a memorandum.