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Matter of Justice v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1017 (N.Y. App. Div. 1979)

Opinion

April 13, 1979

Appeal from the Wyoming Supreme Court.

Present — Simons, J.P., Hancock, Jr., Schnepp, Doerr and Witmer, JJ.


Judgment unanimously affirmed. Memorandum: We annul the disposition of the Superintendent of the Auburn Correctional Facility for the reasons stated in the memorandum and order at Special Term, Conable, J., Acting Supreme Court Justice, and hold that the hearing upon which the superintendent's disposition was based was not conducted in accordance with the rules and regulations of the Department of Correctional Services (7 N.Y.CRR Part 253). We do not remit for a new hearing for the following reasons: A portion of the penalty imposed by the superintendent consisting of confinement in a special housing unit has already been served by petitioner-respondent. Further, the period of time that has elapsed since August, 1976, the date of the alleged acts of misconduct warranting the superintendent's proceeding, underscores the difficulty of insuring a due process hearing to petitioner-respondent at this time.


Summaries of

Matter of Justice v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 13, 1979
69 A.D.2d 1017 (N.Y. App. Div. 1979)
Case details for

Matter of Justice v. Henderson

Case Details

Full title:In the Matter of DIVINE JUSTICE, Respondent, v. ROBERT J. HENDERSON, as…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Apr 13, 1979

Citations

69 A.D.2d 1017 (N.Y. App. Div. 1979)