Legal Opinion
State ex rel. Boswell v. Smith
New York Supreme Court
Decided October 31, 1983Published
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Sedita, J.
This matter challenges two superintendent’s proceedings which were conducted pursuant to the new tier III regulations and raises issues not fully resolved by higher courts.
There are essentially two primary challenges made to these proceedings. The first challenge asserts that the new procedures are invalid because they were not filed with the Secretary of State pursuant to section 8 of article IV of the New York State Constitution at the time of the two proceedings. The second asserts that the inmate was denied the right to be present when the witnesses…
2Cases cited10 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- People v. CullNew York Court of Appeals · 1961
- Hasan Jamal Abdul Majid v. HendersonDistrict Court, N.D. New York · 1982
- Johnson v. SmithAppellate Division of the Supreme Court of the State of New York · 1981
- Schuyler v. State UniversityAppellate Division of the Supreme Court of the State of New York · 1969
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