MATTER OF BARNES v. La Vallee

Wachtler, J. (dissenting).

Although I agree that we cannot finally resolve either case on its merits, it is my view that outright dismissal will only further delay the adjudication of "preferred” rights under the First Amendment (Matter of Brown v McGinnis, 10 NY2d 531, 536). Both cases have already been unnecessarily protracted and should be remanded to the trial court for prompt hearing and resolution.

As to the claim that the respondent unlawfully refused to hand over an unsolicited publication sent to petitioner in the mail from the "Anarchist Black Cross”, we know only that the prison…