MTR JONES v. SMITH


120 Misc.2d 445 (1983)

In the Matter of Tyrone Jones et al., Petitioners, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

August 3, 1983


Attorney(s) appearing for the Case

Tyrone Jones, pro se, and Norman P. Effman for Tyrone Jones, petitioner. Milton Payne, pro se, and Norman P. Effman for Milton Payne, petitioner. Robert Abrams, Attorney-General (Veronica Thomas of counsel), for respondents.


JOHN S. CONABLE, J.

This CPLR article 78 proceeding was commenced to attack the legality of disciplinary procedures in use at the Attica Correctional Facility. At issue is whether such procedures may be given legal effect even though they were adopted pursuant to an administrative order and not filed with the Department of State. The petitioners contend that hearings conducted under this new system violated rights guaranteed to inmates under prior regulations...

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