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MTR BOWEN v. STATE COMM.

104 A.D.2d 238 (1984)

In the Matter of James D. Bowen, as Sheriff of Saratoga County, et al., Respondents, v. State Commission of Correction et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 20, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Nancy A. Spiegel and William J. Kogan of counsel), for appellants.

LeRoy T. Walbridge, County Attorney, for respondents.

MAHONEY, P. J., KANE, CASEY and WEISS, JJ., concur.

LEVINE, J.

Petitioners, the County of Saratoga and its Sheriff, brought the instant CPLR article 78 proceeding to annul a determination of the State Commission of Correction (the commission) denying their request for a 90-day variance for the Saratoga County Jail from a commission regulation (9 NYCRR 7040.4 [a]) prohibiting the double-celling of prisoners. There had been two previous such requests for a temporary...

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