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MTR SIMMS v. COUGHLIN

109 Misc.2d 988 (1981)

In the Matter of James L. Simms, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of the Department of Correctional Services, Respondent.

Supreme Court, Special Term, Albany County.

July 1, 1981

Attorney(s) appearing for the Case

Lanny E. Walter for petitioner. Robert Abrams, Attorney-General (Mary Bisantz of counsel), for respondent.

LAWRENCE E. KAHN, J.

In this article 78 proceeding, petitioner seeks judgment returning him to the Green Haven Correctional Facility and enjoining the respondent from transferring him therefrom, so long as he complies with the requirements of the Department of Correctional Services' Directive No. 0053, and without affording him an appropriate hearing prior to his transfer.

Petitioner is under the custody of the Department of Correctional Services...

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