MATTER OF LEWIS v. SMITH


38 A.D.2d 883 (1972)

In the Matter of Michael Lewis et al., Petitioners, v. Lyman H. Smith, as Acting Justice of the Supreme Court, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 25, 1972


Oral motion to add name of Earl Moody as a petitioner is granted. Petition unanimously dismissed, without costs.

Memorandum:

In this article 78 proceeding petitioners seek judgment prohibiting their ongoing trial of criminal charges against them under their indictments for assaults and robbery and other crimes growing out of a prison riot in the Auburn Correctional Facility at Auburn, New York on November 4, 1970. Petitioners allege that under administrative...

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