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MATTER OF LINZ v. SULLIVAN

150 A.D.2d 690 (1989)

In the Matter of Thomas Linz, Respondent, v. James E. Sullivan, as Superintendent of Sing Sing Correctional Facility, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1989

Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, the determination is confirmed, and the proceeding is dismissed on the merits.

The petitioner, an inmate at the Sing Sing Correctional Facility, was charged with escape, leaving an assigned area, and setting a fire. It was alleged that on December 9, 1986, he, along with two other inmates, exited the prison via a bathroom...

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