123 A.D.2d 141 | N.Y. App. Div. | 1987
OPINION OF THE COURT
At issue in this case is whether there is a private right of
CPL 430.20 (1) provides, in part, that ”[w]hen a sentence of imprisonment is pronounced * * * the defendant must forthwith be committed to the custody of the appropriate public servant and detained until the sentence is complied with” (emphasis supplied). The word “forthwith” means "without delay” (Crespo v Hall, 56 NY2d 856, 858). The Court of Appeals has approved the use of declaratory judgments (see, supra) and, in an appropriate case, mandamus (see, Matter of County of Onondaga v New York State Dept. of Correctional Servs., 62 NY2d 826, 828) as vehicles for enforcing the mandate of CPL 430.20 (1). Because such equitable actions are established under the statute, claimants contend, it follows that a private right of action for recovery of money damages is also established.
We disagree with this analysis of CPL 430.20 (1) and agree with the Court of Claims that claimants do not have a private right of action for money damages under that statute. Where the Legislature fails to specify a remedy for the violation of a statute, as is the case with CPL 430.20 (1), it is left to the courts to determine whether private litigants have a cause of action for its violation (see, Burns Jackson Miller Summit & Spitzer v Lindner, 59 NY2d 314, 324-325; County of Broome v State of New York, 119 AD2d 358, 360-361). The factors in making this determination include the language of the statute and its legislative history, whether the claimants are members of the class for whose benefit the statute was enacted, and whether a private right of action would be consistent with the underlying purposes of the statute (Burns Jackson Miller Summit & Spitzer v Lindner, supra, p 325; County of Broome v State of New York, supra, p 361; Carpenter v City of Plattsburgh, 105 AD2d 295, 298, affd 66 NY2d 791).
The Court of Claims found, and we agree, that claimants qualify as members of the class for whose benefit CPL 430.20 and its predecessors were enacted. However, we do not find
Indeed, in 1985, the Legislature enacted a statute providing relief similar to that sought by claimants herein. Under Correction Law § 601-c (2), the State is responsible for paying the costs of care of State prisoners when DOCS fails to accept custody of a State prisoner within five days of DOCS’ receipt of written notification that the Sheriff is prepared to transport the State prisoner (L 1985, ch 494, § 2).
Kane, J. P., Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
Order affirmed, without costs.
Since this statute was enacted in 1985, its provisions are inapplicable to the claims herein.