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BOSWELL v. SMITH

121 Misc.2d 519 (1983)

State of New York ex rel. Darryle Boswell, Petitioner, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

October 31, 1983

Attorney(s) appearing for the Case

Susan K. Jones for petitioner. Robert Abrams, Attorney-General (Robert M. Ciesielski of counsel), for respondents.

JOSEPH J. SEDITA, J.

This matter challenges two superintendent's proceedings which were conducted pursuant to the new tier III regulations and raises issues not fully resolved by higher courts.

There are essentially two primary challenges made to these proceedings. The first challenge asserts that the new procedures are invalid because they were not filed with the Secretary of State pursuant to section 8 of article IV of the New York State Constitution...

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