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COUNTY OF NASSAU v. CUOMO

69 N.Y.2d 737 (1987)

County of Nassau, Appellant, v. Mario M. Cuomo, as Governor and Chief Executive Officer of the State of New York, et al., Respondents, and New York State Division of Parole, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided January 20, 1987.

Attorney(s) appearing for the Case

James M. Catterson, Jr., William H. Pauley, III, and Margaret Gibbons-Trefny for appellant.

Robert Abrams, Attorney-General (David A. Smith, O. Peter Sherwood, Ann Horowitz and Howard Zwickel of counsel), for respondents.

Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Chief Judge WACHTLER and Judge BELLACOSA taking no part.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed for the reasons stated by the Appellate Division (121 A.D.2d 428).

The Appellate Division declared that the county is obliged to accept for detention all alleged parole violators whose parole is supervised in Nassau County. However,...

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