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MATTER OF DORST v. PATAKI

167 Misc.2d 329 (1995)

633 N.Y.S.2d 730

In the Matter of Diane Dorst et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. George Pataki, as Governor of the State of New York, et al., Respondents.

Supreme Court, Albany County.

October 9, 1995

Attorney(s) appearing for the Case

Prisoners' Legal Services of New York (William D. Gibney of counsel), for petitioners. Dennis C. Vacco, Attorney-General (Jeffrey M. Dvorin of counsel), for respondents.

ANTHONY J. CARPINELLO, J.

The five named petitioners are inmates at the Albion Correctional Facility in Albion, New York. At issue in this proceeding is respondent Governor George E. Pataki's signing of Executive Order No. 5 on January 24, 1995. In this Executive Order, the Governor directed the Commissioner of the Department of Correctional Services to promulgate regulations that would prevent the "future...

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