Brown v. McGinnis

Chief Judge Desmond (concurring).

I concur with Judge Froessel’s careful and able opinion but out of caution I make this addition. I understand our reversal to mean that the *537Commissioner must promulgate forthwith (see Correction Law, § 112) the rules and regulations referred to in section 610 and that, subject to necessary security and disciplinary measures, he must extend to petitioner and his coreligionists all the rights guaranteed by section 610.

Judges Dye, Van Voorhis and Burke dissent and vote to affirm on the ground that the only application by the petitioner or the religious group…