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MATTER OF JONES v. SMITH

64 N.Y.2d 1003 (1985)

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

Court of Appeals of the State of New York.

Decided March 28, 1985.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin A. Hotvet, Robert Hermann and Peter H. Schiff of counsel), for appellants.

Norman Effman, Ellen M. Yacknin, Joseph Kelemen and David C. Leven for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs.

The New York Constitution, article IV, § 8, provides in pertinent part that: "No rule or regulation made by any state department * * * except such as relates to the organization or internal management of a state department * * * shall be effective until it is filed in the office of the...

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