Bezio v. Dorsey

Chief Judge Lippman (dissenting).

The Court today offers its views on a range of interesting, important and to some extent novel questions having to do with the respective prerogatives of prison inmates and correctional authorities in the context of inmate hunger strikes. None of these issues, however, is properly before the Court. As petitioner points out and respondent essentially concedes, these matters were never raised, much less decided, at nisi prius and, consequently, are not preserved for this Court’s review (see e.g. Matter of Yeshivath Shearith Hapletah v Assessor of Town of…