MATTER OF BARNES v. SMITH


115 A.D.2d 221 (1985)

In the Matter of Richard Barnes, 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.

November 15, 1985


Judgment unanimously reversed, on the law, and matter remitted to Supreme Court, Wyoming County, for a hearing, in accordance with the following memorandum:

In this CPLR article 78 proceeding petitioner, an inmate at the Attica Correctional Facility, maintains that he should not be punished for violation of a facility rule where there has been no showing that he ever received a copy of the rule book. We agree. "No inmate shall be disciplined except for a violation...

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