MATTER OF BANCHS v. COUGHLIN


168 A.D.2d 711 (1990)

In the Matter of David Banchs et al., Respondents, v. Thomas Coughlin, as Commissioner of The New York State Department of Correctional Services, Appellant

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

December 6, 1990


Mikoll, J.

The question presented on this appeal is whether Supreme Court properly awarded petitioners counsel fees pursuant to Public Officers Law § 89 (4) (c) (ii) on the ground that the Department of Correctional Services lacked a reasonable basis in law for withholding certain requested records in its custody.

On September 10, 1987, the Department opened Camp Monterey Shock Incarceration Correctional Facility (hereinafter Monterey) in...

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