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DORST v. PATAKI

90 N.Y.2d 696 (1997)

687 N.E.2d 1348

665 N.Y.S.2d 65

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

Court of Appeals of the State of New York.

Decided November 20, 1997.

Attorney(s) appearing for the Case

William D. Gibney, New York City, and David C. Leven for appellants.

Dennis C. Vacco, Attorney-General, Albany (Andrew D. Bing, Barbara G. Billet and Peter H. Schiff of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

Plaintiffs-appellants are two female inmates sentenced to a State correctional facility upon violent felony convictions. At present, both are ineligible for participation in any temporary release program solely as a result of Governor Pataki's Executive Order No. 5.1 (9 NYCRR 5.5), issued pursuant to a 1995 amendment to Correction Law § 851 (2) (see, L 1995, ch 3, § 29). The amendment...

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