DIOGUARDI v. WARDEN


80 Misc.2d 972 (1975)

The People of the State of New York ex rel. Philip Dioguardi, Relator, v. Warden of Rikers Island Penitentiary, Respondent.

Supreme Court, Trial Term, Bronx County.

March 7, 1975


Attorney(s) appearing for the Case

Barry Ivan Slotnick for relator. Joseph A. Kaplan, amicus curiae. W. Bernard Richland, Corporation Counsel (Marian Probst of counsel), for respondent.


MAX BLOOM, J.

This proceeding was originally brought on by habeas writ. Inasmuch as its purpose was to review the result of relator's "screening" by the Furlough Program Selection Committee, the court held that the matter was properly reviewable in an article 78 proceeding. It directed that the appropriate petition and answer be submitted so that the issues would be sufficiently defined to enable a determination on the merits (People ex rel. Cavalluzzo...

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