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ROSE v. ALLEGANY COUNTY

177 A.D.2d 975 (1991)

Lucinda Rose, Appellant, v. Allegany County et al., Respondents

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

November 15, 1991

Judgment unanimously reversed on the law without costs and petition granted.

Memorandum:

Supreme Court erred by concluding that article 12 of the Correction Law applies only in counties with populations of one million or more. The court applied a grammatical construction to arrive at that result, but a grammatical construction is never "to be followed when it leads away from the legislative intent" (McKinney's Cons Laws of NY, Book 1, Statutes § 254,...

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