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PEOPLE EX REL. CATAPANO v. SMITH

143 A.D.2d 538 (1988)

The People of the State of New York ex rel. Peter Catapano, 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.

September 27, 1988

Judgment unanimously affirmed, in accordance with the following memorandum: A writ of habeas corpus is not the proper proceeding to challenge the legality of petitioner's confinement in a special housing unit (People ex rel. Dawson v Smith, 69 N.Y.2d 689). The habeas corpus proceeding was properly converted to a CPLR article 78 proceeding but, because it was instituted more than four months after the determination, the proceeding...

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