MATTER OF BROWN v. McGINNIS


10 N.Y.2d 531 (1962)

In the Matter of Clarence L. Brown, Appellant, v. Paul D. McGinnis, as Commissioner of Correction of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided January 25, 1962.


Attorney(s) appearing for the Case

Lauren D. Rachlin for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose and Paxton Blair of counsel), for respondent.

Judges FULD and FOSTER concur with Judge FROESSEL; Chief Judge DESMOND concurs for reversal in a separate opinion in which Judges FULD and FOSTER also concur; Judges DYE, VAN VOORHIS and BURKE dissent and vote to affirm in a memorandum.


FROESSEL, J.

Petitioner Brown, an inmate of Green Haven Prison, instituted an article 78 proceeding in the nature of mandamus to compel respondent, the Commissioner of Correction of the State of New York, to permit petitioner free exercise of his religion. Special Term dismissed his petition without a hearing, and the Appellate Division unanimously affirmed. Similar petitions from a number of other inmates seeking...

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