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WALTON v. CORRECTIONAL SERVS.

No. 149

13 N.Y.3d 475 (2009)

2009 NY Slip Op 8665

921 N.E.2d 145

893 N.Y.S.2d 453

In the Matter of IVEY WALTON et al., Appellants, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent, et al., Respondent.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Center for Constitutional Rights, New York City (Rachel Meeropol and Darius Charney of counsel), and Community Service Society (Juan Cartagena and Michelle Light of counsel), for appellants.

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for respondent.

Kramer Levin Naftalis & Frankel LLP, New York City (Michael J. Sternhell of counsel), for the Sentencing Project and others, amici curiae.

Legal Aid Society, New York City (Steven Banks, Scott Rosenberg, John Boston and Milton Zelermyer of counsel), for Legal Aid Society of City of New York, amicus curiae.

Weil, Gotshal & Manges LLP, New York City (Robert F. Carangelo, Douglas Lumish and Allen Yu of counsel), and Innocence Project, Inc. (David Loftis of counsel), for Innocence Project, Inc. and another, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge READ concurs in result in a separate opinion; Judge SMITH dissents in another opinion.

OPINION OF THE COURT

GRAFFEO, J.

Between 1996 and 2007, the Department of Correctional Services (DOCS) contracted with MCI Worldcom Communications Inc. (MCI) for the provision of telephone services in state prisons. Under the agreement, MCI charged the recipients of inmate collect calls a certain rate and paid a percentage of the revenues generated on each call to DOCS as a commission. The payment of these...

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