IRVING v. PREISER


79 Misc.2d 486 (1974)

John C. Irving et al., Petitioners, v. Peter Preiser, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Supreme Court, Erie County.

March 28, 1974


Attorney(s) appearing for the Case

Stephen J. Perrello, Jr., for John C. Irving, petitioner. Jason Karp and Stephen Lacher for Rodney L. Wehling, petitioner. Louis J. Lefkowitz, Attorney-General (Anthony M. Leone of counsel), for respondents.


JOHN H. DOERR, J.

Petitioners, both inmates at the Attica Correctional Facility, commenced this proceeding pursuant to CPLR article 78 to secure an order returning them to the custody and rehabilitative care of the Albion Community Preparation Center where they had previously been incarcerated.

Both petitioners had originally been sentenced pursuant to article 75 of the Penal Law and the main thrust of their argument is that the Attica confinement...

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