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MATTER OF THURMAN v. KELLY

127 A.D.2d 993 (1987)

In the Matter of Emerson Thurman, 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.

February 27, 1987

Judgment unanimously modified on the law by deleting the second decretal paragraph and as modified affirmed.

Memorandum:

Special Term improperly directed that petitioner be returned to the Green Haven Correctional Facility and restored to his position as a representative of the Inmate Grievance Resolution Committee (IGRC). Section 23 of the Correction Law grants the Commissioner of Correction almost unbridled authority to transfer inmates from one facility...

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