Sinclair v. Smith

Judgment unanimously reversed and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Special Term erred in refusing to sign petitioner’s order to show cause and declining to consider his CPLR article 78 petition on the ground that the allegations “did not rise to the level sufficient to justify judicial intervention.” Petitioner, an inmate at Attica Correctional Facility, claims that the adjustment committee of that facility improperly deprived him of exercise for 10 days as a sanction in contravention of 7 NYCRR 301.5 (b),…