PEOPLE EX REL. SANCHEZ v. SMITH


115 A.D.2d 285 (1985)

The People of the State of New York ex rel. Eddie E. Sanchez, 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 modified, on the law, by reinstating that portion of the petition which alleges that the committee imposed an additional penalty upon petitioner for requesting a superintendent's hearing and, as modified, affirmed.

Memorandum:

Petitioner's allegation that an additional seven-day "keep-lock" restriction was imposed upon him for requesting to have a superintendent's proceeding was not rebutted as the petition was dismissed prior to respondent...

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