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COUNTY OF MONROE v. STATE

123 A.D.2d 141 (1987)

County of Monroe et al., Appellants, v. State of New York, Respondent. (And Two Other Related Claims.)

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

January 22, 1987

Attorney(s) appearing for the Case

Charles R. Valenza, County Attorney (Kenneth R. Fisher of counsel), for appellants.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for respondent.

KANE, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

MAIN, J.

At issue in this case is whether there is a private right of action for money damages pursuant to CPL 430.20, arising from the State's delay in accepting into the Department of Correctional Services (DOCS) convicted felons who have been sentenced to State correctional facilities. Claimants contend that such a right of action does exist, and they accordingly seek recovery of the costs of housing "State...

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