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MATTER OF BAILEY v. GOORD

174 Misc.2d 632 (1997)

666 N.Y.S.2d 383

In the Matter of Melvin Bailey, Petitioner, v. Glenn S. Goord, as Acting Commissioner of the Department of Correctional Services, Respondent.

Supreme Court, Wyoming County.

November 6, 1997

Attorney(s) appearing for the Case

Melvin Bailey, petitioner pro se. Dennis C. Vacco, Attorney-General, Buffalo (Jerry McGrier, Sr., of counsel), for respondent.

MARK H. DADD, J.

By petition pursuant to CPLR article 78 sworn to on January 21, 1997, Melvin Bailey challenges the constitutionality of a policy which segregates him from other inmates because he has refused to submit to a tuberculosis test. Petitioner appeared pro se pursuant to an order to show cause dated May 21, 1997. He has submitted a written statement, dated June 5, 1997, in further support of...

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