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MATTER OF HOWARD v. KELLY

115 A.D.2d 1011 (1985)

In the Matter of Clifford Howard, Respondent, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

December 20, 1985

Judgment unanimously reversed, on the law, and petition dismissed.

Memorandum:

Petitioner waived his right to challenge the legality of a Superintendent's proceeding by refusing to attend the hearing (Matter of Payne v Smith, 97 A.D.2d 960; see also, Matter of Morrison v Coughlin, 101 A.D.2d 943, 944, lv denied 63 N.Y.2d 605; People ex rel. Morgan v La Vallee...

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