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MATTER OF AYERS v. COUGHLIN

137 A.D.2d 300 (1988)

In the Matter of James R. Ayers, Sr., as Sheriff of Tioga County, et al., Respondents-Appellants, v. Thomas Coughlin, as Commissioner of The Department of Correctional Services, et al., Appellants, and Ramon Rodriguez, as Chief Executive Officer of The State Division of Parole, Respondent

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

May 26, 1988

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frederic L. Lieberman and Barbara B. Butler of counsel), for appellants.

McGovern, Kehoe & Mitchell (Tom Mitchell and Peter R. Kehoe of counsel), for respondents-appellants.

WEISS and MERCURE, JJ., concur with MAHONEY, P. J.; YESAWICH, JR., and HARVEY, JJ., concur in part and dissent in part in an opinion by YESAWICH, JR., J.

MAHONEY, P. J.

This CPLR article 78 proceeding was originally commenced by 43 of New York's 58 County Sheriffs, all of whom are responsible for the operation of jails and local correctional facilities within their respective counties. Six additional Sheriffs were later joined as petitioners. Respondents include representatives of the Department of Correctional Services...

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