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Van Horn v. Smith

143 A.D.2d 530 Court N.Y. App. Div. Decision date 1988-09-27 English

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p. 530
In the Matter of Lewis Van Horn, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously reversed on the law and petition granted, in accordance with same memorandum as in Matter of Bradley v Smith ( 143 AD2d 536 [decided herewith]). We add only that it is unnecessary to reach the issue whether petitioner failed to exhaust his administrative remedies (Appeal from judgment of Supreme Court, Wyoming County, Dadd, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Davis, JJ.