MATTER OF NEW YORK CITY HEALTH AND HOSPITALS CORPORATION v. NEW YORK STATE COMMISSION OF CORRECTION

2498N, 2498NA, 2498NB, 403141/08

76 A.D.3d 453 (2010)

906 N.Y.S.2d 42

In the Matter of NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent, v. NEW YORK STATE COMMISSION OF CORRECTION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 17, 2010.


The New York State Commission of Correction is an independent state agency that monitors and inspects all correctional facilities in New York (see NY Const, art XVII, § 5; Correction Law § 45). Within the Commission is a medical review board responsible for, inter alia, investigating "the cause and circumstances surrounding the death of any inmate of a correctional facility" (Correction Law § 47 [1] [a]). In the exercise of its duties, the Commission...

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