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STATE OF NEW YORK v. MYERS

22 Misc.3d 741 (2008)

865 N.Y.S.2d 880

STATE OF NEW YORK et al., Plaintiffs, v. MICHAEL MYERS et al., Individually and on Behalf of All Others Similarly Situated, Defendants.

Supreme Court, Albany County.

Decided October 21, 2008.

Attorney(s) appearing for the Case

Prisoners Legal Services, Albany (James Bogin of counsel), for Michael Myers and another, defendants.

Peter Torncello, Public Defender, Albany (Joseph McCoy and Michael Jurena of counsel), for Roger Smalls, defendant.

Legal Aid Society, New York City (William D. Gibney and Robert Newman of counsel), for Malcolm Carter, defendant.

Andrew M. Cuomo, Attorney General, Albany (Michael J. Keane and Gerald J. Rock of counsel), for plaintiffs.

OPINION OF THE COURT

JOHN C. EGAN, JR., J.

The defendants bring the instant motion seeking dismissal of the complaint filed by the State of New York, the New York State Department of Correctional Services, and the New York State Division of Parole (collectively plaintiffs). The plaintiffs oppose the defendants' motion.

In their complaint, plaintiffs seek a declaratory judgment permitting plaintiffs to maintain custody of "tens of thousands of violent...

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