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MATTER OF GRAHAM v. COUGHLIN

72 N.Y.2d 1014 (1988)

In the Matter of David E. Graham, Jr., Appellant, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Respondent.

Court of Appeals of the State of New York.

Decided October 20, 1988.

Attorney(s) appearing for the Case

Gerald V. Hayes and Peter L. Maroulis for appellant.

Robert Abrams, Attorney-General (John Q. Driscoll, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, TITONE and BELLACOSA. Judge ALEXANDER concurs in result in a memorandum. Judge HANCOCK, JR., concurs in result in an opinion in which Judge KAYE concurs.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (135 A.D.2d 1014), noting that Public Officers Law § 30 (1) (e) was not amended to conform with the 1979 amendment to Judiciary Law § 90 (4) (e), this being a statutory policy choice for the Legislature.

ALEXANDER, J. (concurring).

I, too, would affirm the order...

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