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MATTER OF ODE v. SMITH

118 Misc.2d 617 (1983)

In the Matter of Delbert W. Ode et al., Petitioners, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

March 29, 1983

Attorney(s) appearing for the Case

Leigh E. Anderson and John Gresham for petitioners. Robert Abrams, Attorney-General (David L. Edmunds, Jr., of counsel), for respondents.

VINCENT E. DOYLE, J.

This special proceeding originally was commenced on December 17, 1981 by petitioner, Delbert Ode, in his individual capacity. It has proceeded with testimony given by a number of witnesses and is expected to continue. On November 5, 1982, this court granted an unopposed1 motion of the petitioners to amend the petition, inter alia: (1) by adding petitioners Carlos Santiago, Noah Lazore and

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