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PEOPLE EX REL. FISHER v. WARDEN OF PENITENTIARY OF CITY OF N.Y.

74 Misc.2d 820 (1973)

The People of the State of New York ex rel. James Fisher, Relator, v. Warden, Penitentiary of the City of New York, Rikers Island, Respondent.

Supreme Court, Special and Trial Term, Bronx County.

June 12, 1973

Attorney(s) appearing for the Case

Robert Kasanof and Joseph Alan Kaplan for relator. Norman Redlich, Corporation Counsel, for respondent.

JOSEPH P. SULLIVAN, J.

The writ is sustained. Rule 4.49, g.(2) of the Rules and Regulations of the Department of Correction provides that in sentence institutions the disciplinary board shall consist of three members, one of whom must be a Deputy Warden. At none of the three disciplinary hearings affecting relator was such an officer present. Instead, a Captain presided as chairman at such hearing. The departmental...

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