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LAW ENFORCEMENT v. STATE

229 A.D.2d 286 (1997)

655 N.Y.S.2d 770

In the Matter of Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, et al., Respondents, v. State of New York et al., Appellants. (Proceeding No. 1.) In the Matter of Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, et al., Respondents, v. State of New York et al., Appellants. (Proceeding No. 2.)

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

March 20, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Martin A. Hotvet of counsel), for appellants.

Hite & Casey, P. C., Albany (Kevin S. Casey of counsel), for respondents.

CARDONA, P. J., MERCURE and CASEY, JJ., concur with SPAIN J.; CARPINELLO, J., concurs in part and dissents in part in a separate opinion.

SPAIN, J.

On May 2, 1995, respondent State Commission of Correction (hereinafter the Commission) filed a notice of emergency adoption and a notice of proposed rule making to amend 9 NYCRR part 7621 by renumbering or amending certain sections and adding a new section 7621.5 which authorized double occupancy housing units at State correctional facilities (see, State Administrative Procedure Act § 202...

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