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WALTON v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

18 Misc.3d 775 (2007)

849 N.Y.S.2d 395

IVEY WALTON et al., on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

Supreme Court, Albany County.

December 14, 2007.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, Albany (Gerald J. Rock of counsel), for New York State Department of Correctional Services, respondent.

Center for Constitutional Rights, New York City (Rachel Meeropol of counsel), and Community Service Society, New York City (Juan Cartagena and Craig Acorn of counsel), for petitioners.

OPINION OF THE COURT

GEORGE B. CERESIA, JR., J.

The individual petitioners are family members and/or friends of inmates incarcerated within the New York State prison system. The Office of Appellate Defender and the New York State Defenders Association are nonprofit organizations which provide legal services to state inmates. All petitioners are or have been recipients of collect telephone calls from state inmates. The petitioners argue that they are being...

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