MATTER OF SINCLAIR v. SMITH


97 A.D.2d 953 (1983)

In the Matter of Jeff Sinclair, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983


Judgment unanimously reversed and matter remitted to Supreme Court, Wyoming County, for further proceedings, in accordance with the following memorandum: Special Term erred in refusing to sign petitioner's order to show cause and declining to consider his CPLR article 78 petition on the ground that the allegations "did not rise to the level sufficient to justify judicial intervention." Petitioner, an inmate at Attica Correctional Facility, claims that the adjustment committee...

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