Dawson v. Smith — 125 A.D.2d 1007

Majority

p. 1007

In the Matter of Earvin Dawson, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

— Judgment unanimously reversed, on the law, and petition granted. Memorandum: Reversal is required because the inmate behavior rules upon which the challenged determination was based were not filed timely (People ex rel. Roides v Smith, 67 NY2d 899 ; Matter of Green v Coughlin, 122 AD2d 605 ). (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Doerr, J. P., Den-man, Green, Pine and Balio, JJ.

Cases cited

People ex rel. Roides v. Smith 67 NY2d 899 N.Y. 1986-04-01 p. 1007