Grant v Goord

[*1] Grant v Goord 2006 NY Slip Op 50805(U) [11 Misc 3d 1091(A)] Decided on March 7, 2006 Supreme Court, New York County Wetzel, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 7, 2006
Supreme Court, New York County

Thomas Grant, Petitioner,

against

Glenn S. Goord, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES., Respondent.



400022/06

William A. Wetzel, J.

Petitioner brings this mandamus proceeding pursuant to CPLR Article 78 seeking an order compelling respondent to enroll him in a drug treatment program, CASAT. Petitioner asserts that enrollment was ordered by the sentencing Judge in the Supreme Court, New York County.

Respondent argues that the court has no authority to mandate enrollment in the program and that petitioner may only enter the program, if approved by the respondent pursuant to its regulations.

This court reads Penal Law § 60.04(6) to grant to the sentencing court the authority to "issue an order directing that the Department of Correctional Services enroll the defendant in the Comprehensive Alcohol and Substance Abuse Treatment Program." This language must be given its plain meaning and to accept the interpretation of the respondent would completely eviscerate the delegation of authority granted by the legislature. In this regard this court concurs with the two decisions in courts of concurrent jurisdiction cited by respondent in Paragraph 33 of his answer.

For the reasons stated herein, the petition is granted and the respondent is ordered to admit the petitioner in to its CASAT drug treatment program. This constitutes the Decision and Order of this Court.

Dated: March 7, 2006

New York, NY

___________________________

William A. Wetzel