COUNTY OF MONROE v. STATE


130 Misc.2d 261 (1985)

County of Monroe et al., Claimants, v. State of New York, Defendant. (Claims Nos. 69342, 70130, 70327.)

Court of Claims.

November 18, 1985


Attorney(s) appearing for the Case

Charles R. Valenza, County Attorney (Kenneth R. Fisher of counsel), for claimants. Robert Abrams, Attorney-General (Eugene Z. Grenz of counsel), for defendant.


HAROLD J. KOREMAN, P. J.

Where the State fails or refuses to accept "forthwith" for commitment criminal defendants who have been sentenced to State correctional facilities, thereby forcing a county to maintain said prisoners for extended periods of time, does the law provide a private right of action for reimbursement of the county's expenses? On the facts here presented we hold that no such action is available and, accordingly, summary judgment dismissing...

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