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LEGAL AID SOC'Y v. WARD

61 N.Y.2d 744 (1984)

Legal Aid Society, Appellant, v. Benjamin Ward, as Commissioner of the Department of Correction of the City of New York, Respondent. In the Matter of Naomi Burns et al., Appellants, v. Benjamin Ward, as Commissioner of the Department of Correction of the City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided January 17, 1984.

Attorney(s) appearing for the Case

Evan A. Davis and Neil P. Forrest for appellants.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Edward F. X. Hart and Leonard Koerner of counsel), for respondents.

Dan Pochoda for New York City Board of Correction, amicus curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Judge KAYE taking no part.

MEMORANDUM.

In each case the order of the Appellate Division should be affirmed, without costs, but on grounds other than those relied on by that court.

Although the Board of Correction has authority to make recommendations and submit reports of its findings to the Commissioner of Correction, it has no authority to render an appellate decision binding on the commissioner with respect to his application, in individual...

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