Opinion
Argued April 30, 1984
Decided June 5, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, James P. O'Donnell, J.
Robert J. Rossi, County Attorney ( John R. Voninski of counsel), for appellants.
Robert Abrams, Attorney-General ( Nancy A. Spiegel and Peter H. Schiff of counsel), for respondents.
Kenneth R. Fisher for Association of County Attorneys, amicus curiae.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs.
Petitioners commenced this proceeding seeking relief in the nature of mandamus to compel respondents to accept sentenced prisoners within a specified period of time. Respondents concede that CPL 430.20 (subd 1) imposes upon them a clear legal obligation to accept sentenced prisoners "forthwith" ( Crespo v Hall, 56 N.Y.2d 856), but urge that this mandate has not been violated in the present case. We agree that, on this record, which indicates only that the relevant delays in accepting prisoners amount to an average of six days, petitioners have failed to establish such a clear violation of respondents' duty as to warrant mandamus relief (contrast Crespo v Hall, supra [an action for declaratory judgment and incidental injunctive relief]).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.
Order affirmed, without costs, in a memorandum.