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DORST v. PATAKI

228 A.D.2d 4 (1997)

654 N.Y.S.2d 198

Diane Dorst et al., Appellants, v. George Pataki, as Governor of The State of New York, et al., Respondents

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

February 6, 1997

Attorney(s) appearing for the Case

William D. Gibney, New York City, for appellants.

Dennis C. Vacco, Attorney-General, Albany (Andrew D. Bing of counsel), for respondents.

MIKOLL, J. P., WHITE, YESAWICH JR. and PETERS, JJ., concur.

CREW III, J.

Plaintiffs are five inmates at Albion Correctional Facility in Orleans County who commenced a CPLR article 78 proceeding seeking a declaration that defendant Governor's Executive Order No. 5 (9 NYCRR 5.5), issued January 24, 1995, was unconstitutional. The Executive Order prevented the "future transfer to any temporary release program or residential treatment facility of any inmate sentenced as a...

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