New York Court of Appeals

In the Matter of Ivey Walton, Appellants v. New York State Department of Correctional Services, Respondent…

November 23, 200913 N.Y.3d 475

Summary

The New York Court of Appeals affirmed the Appellate Division's dismissal of the petitioners' constitutional claims challenging the Department of Correctional Services' commission on inmate telephone calls, holding that the claims failed to state cognizable New York constitutional violations. The Court declined to address the refund claim, noting it was barred by the filed rate doctrine and that the executive and legislative branches had already changed the policy. A dissent argued the commission constituted an unlawful tax and violated equal protection, while a concurrence affirmed dismissal on the filed rate doctrine ground.