PEOPLE EX REL. DAWSON v. SMITH


69 N.Y.2d 689 (1986)

The People of the State of New York ex rel. Earvin Dawson, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1986.


Attorney(s) appearing for the Case

Leigh E. Anderson and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (Martin A. Hotvet, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge MEYER dissents and votes to reverse in an opinion in which Judge TITONE concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Petitioner, an inmate at Attica Correctional Facility, commenced a habeas corpus proceeding, contending that respondent had illegally ordered his confinement for a period of 24 months in the special housing unit following a Tier III disciplinary hearing in which petitioner had been found guilty of violating various institutional rules...

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