IVEY WALTON et al., Appellants,
v.
NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 9, 2007.
Decided February 20, 2007.
Attorney(s) appearing for the Case
Center for Constitutional Rights, New York City (Rachel Meeropol, Barbara J. Olshansky and William Goodman of counsel), and Community Service Society (Juan Cartagena and Craig Acorn of counsel) for appellants.
Andrew Cuomo, Attorney General, Albany (Victor Paladino, Caitlin J. Halligan, Daniel Smirlock and Andrea Oser of counsel), for New York State Department of Correctional Services, respondent.
Steptoe & Johnson LLP, Washington, D.C. (Anthony C. Epstein, admitted pro hac vice, of counsel), and Phillips Lytle LLP, Albany (Kelly M. Lester and William Christ of counsel), for MCI Worldcom Communications, Inc., respondent.
Steven Banks, New York City, John Boston, Milton Zelermyer, Esmeralda Simmons, Brooklyn, and Robin Steinberg, Bronx, for Legal Aid Society of the City of New York and others, amici curiae.
David Loftis, New York City, Barry C. Scheck and Peter J. Neufeld for Innocence Project, Inc. and another, amici curiae.
Kramer Levin Naftalis & Frankel LLP, New York City (Eric A. Tirschwell, Keith M. Donoghue, Erin E. Oshiro and Aaron S. Fleisher of counsel), for the Sentencing Project and others, amici curiae.
Office of the Public Advocate for the City of New York, New York City (Mary Mastropaolo of counsel), for Betsy Gotbaum and others, amici curiae.
Cassie M. Pierson, San Francisco, California, for Legal Services for Prisoners with Children and others, amici curiae.
Chief Judge KAYE and Judges CIPARICK and SMITH concur with Judge PIGOTT; Judge SMITH concurs in a separate opinion; Judge READ dissents in another opinion in which Judge GRAFFEO concurs; Judge JONES taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
PIGOTT, J.
Petitioners are recipients of collect calls from New York State Department of Correctional Services (DOCS) inmates. They commenced suit seeking to enjoin DOCS from collecting a 57.5% commission on its 2001 contract with MCI Worldcom Communications, Inc. (MCI), damages and other relief. DOCS and MCI moved to dismiss the petition as time-barred and as failing to state a cause of action. Supreme Court dismissed all claims, and...
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