Eliot Spitzer,Attorney General,Services,respondent.counsel),for petiti - PDF document

Eliot Spitzer,Attorney General,Services,respondent.counsel),for petitioner. facility" under Correction Law � Petitioner contends only that PERBerred in finding Ward 29 to be part of an "outside hospital"under Correction Law § 23 [DOCS]"(Correction Law inmates shallremain under the jurisdiction and in the custody of 0 23 (2)permits State inmates to receive medical diagnosis and treatmentin"outside hospitals" when"such outside treatment or diagnosisis necessary by reason of inadequate facilities within theinstitution".The statute also requires that, when admitted to"outside hospitals"for medical treatment, 0 23 (2) to maintain custodyand control of State inmates, PERB dismissed the charge.Petitioner then commenced this CPLR article 78 proceeding.Petitioner does not dispute that Correction Law placeoperated by a county".Here, Ward 29 is located within theHospital,which qualifies as an "outside hospital" because it isa medical facility operated by the Corporation rather than thecounty.Indeed, the agreement between DOCS and the Countyconfirms that Ward 29 is subject to"the Medical Staff Bylaws and"the Medical Staff Bylaws andAs a result,8 2 (16) (a), which refers to 0 23 (2). Rather, theapplicable definition of a"local correctional facility" is foundin Correction Law 40), and not to Correction Law 9 (see,Correction Law[21)applies only to Correction Law article 3 9 40 -3-90645The definition of a "local correctional facility" asincluding a"hospital prison ward"(Correction Law