APPELLATE ADVOCATES v. STATE

No. 91.

40 N.Y.3d 547 (2023)

228 N.E.3d 588

204 N.Y.S.3d 775

2023 NY Slip Op 06466

In the Matter of APPELLATE ADVOCATES, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Court of Appeals of New York.

Decided December 19, 2023.


Attorney(s) appearing for the Case

Lincoln Square Legal Services, Inc., New York City (Ron Lazebnik of counsel), and Latham & Watkins LLP, New York City (Samir Deger-Sen, Mateo de la Torre, Jessica Bullock, admitted pro hac vice, Molly Babad, Nicolas Luongo and Frances M.M. Chapman of counsel) and Washington, D.C. (Cherish Drain, admitted pro hac vice, of counsel), for appellant.

Letitia James, Attorney General, Albany (Frank Brady, Barbara D. Underwood and Jeffrey W. Lang of counsel), for respondent.

Civil Rights and Transparency Clinic, University at Buffalo Law School of Law, Buffalo (Erin Goldberg of counsel), for New York Coalition for Open Government, amicus curiae.

Michelle Lewin, Parole Preparation Project, New York City, and Caprice R. Jenerson, Office of the Appellate Defender, New York City, for Parole Preparation Project and another, amici curiae.


OPINION OF THE COURT

APPEAL from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered March 3, 2022, in a proceeding pursuant to CPLR article 78. The Appellate Division, with two Justices dissenting, affirmed a judgment of the Supreme Court, Albany County (Christina L. Ryba, J.; op...

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