MATTER OF DAVIDSON v. SMITH


115 A.D.2d 960 (1985)

In the Matter of Ronald Davidson, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1985


All concur, except Doerr, J., who dissents and votes to hold the case, reserve decision and remit the matter for further proceedings, in accordance with the following memorandum.

Doerr, J. (dissenting).

On the state of this record, I cannot agree that the court correctly dismissed the petition.

The Superintendent's hearing charging petitioner with misbehavior was timely commenced and concluded...

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