MTR OF DIXON v. COUGHLIN


111 Misc.2d 93 (1981)

In the Matter of Glinton Dixon, Plaintiff, v. Thomas A. Coughlin, III, as Commissioner of the New York State Department of Correctional Services, et al., Defendants.

Supreme Court, Orange County.

October 20, 1981


Attorney(s) appearing for the Case

Randolph Volkell and David C. Leven for plaintiff. Robert Abrams, Attorney-General (Eugene P. O'Brien of counsel), for defendants.


IRVING A. GREEN, J.

This was a proceeding commenced as an article 78 proceeding and which has been deemed by order of the Honorable GERARD E. DELANEY, dated January 30, 1981, to be an action for declaratory judgment. Plaintiff seeks a declaration by the court that subdivision 2 of section 851 of the Correction Law is unconstitutional.

The branch of plaintiff's application to proceed as a poor person is granted.

Plaintiff is serving a 15...

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