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MCNULTY v. CHINLUND

89 Misc.2d 713 (1977)

John J. McNulty, Jr., as Sheriff of Albany County, et al., Plaintiffs, v. Stephen Chinlund et al., Constituting the New York State Commission of Correction, Defendants.

Supreme Court, Special Term, Albany County.

January 26, 1977

Attorney(s) appearing for the Case

Peter R. Kehoe for plaintiffs. Louis J. Lefkowitz, Attorney-General (Anthony J. Conde of counsel), for defendants. James McSparron for New York State Commission of Correction, defendant. David W. Beier, III, for Monroe County Legal Assistance Corp., amicus curiae. William E. Hellerstein, Joel Berger and John Boston for Prisoners' Rights Project, amicus curiae.

ROGER J. MINER, J.

This is an action for declaratory judgment wherein plaintiffs, the Sheriffs of the various counties described in the complaint, seek to enjoin the enforcement of certain rules and regulations adopted by defendants. Before this court is a motion by plaintiffs for a preliminary injunction and a motion by defendants to dismiss the complaint.

Legislation was enacted at the 1975 session of the New York

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