Justice v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: We annul the disposition of the Superintendent of the Attica Correctional Facility for the reasons stated in the memorandum and order at Special Term, Conable, J., Acting Supreme Court Justice, and hold that the hearing upon which the superintendent’s disposition was based was not conducted in accordance with the rules and regulations of the Department of Correctional Services (7 NYCRR Part 253). We do not remit for a new hearing for the. following reasons: A portion of the penalty imposed by the superintendent consisting of confinement in a special…
2Cited by7 opinions
- Vogelsang v. CoombeAppellate Division of the Supreme Court of the State of New York · 1984
- Mallard v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1983
- Cunningham v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1987
- Shipman v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1983
- Lonski ex rel. Colby v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987
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