MATTER OF BURNELL v. SMITH


122 Misc.2d 342 (1984)

In the Matter of Gaylord Burnell, Petitioner, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

January 6, 1984


Attorney(s) appearing for the Case

Leigh Anderson for petitioner. Robert Abrams, Attorney-General (Robert Ciesielski of counsel), for respondents.


EDWARD M. HOREY, J.

The petitioner, Gaylord Burnell, a prisoner at the Attica Correctional Facility, initiated this habeas corpus proceeding to attack the procedure and determination that attended a superintendent's hearing held on September 8, 1983, referable to alleged breaches of the prison's discipline code by the petitioner.

While several matters were urged, this court has found merit in only one, viz., the alleged impropriety of the hearing...

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