People ex rel. Catapano v. Smith — 143 A.D.2d 538

Majority

p. 538

The People of the State of New York ex rel. Peter Catapano, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

Judgment unanimously affirmed, in accordance with the following memorandum: A writ of habeas corpus is not the proper proceeding to challenge the legality of petitioner’s confinement in a special housing unit (People ex rel. Dawson v Smith, 69 NY2d 689 ). The habeas corpus proceeding was properly converted to a CPLR article 78 proceeding but, because it was instituted more than four months after the determination, the proceeding should have been dismissed as time barred (see, People ex rel. Dawson v Smith, supra, at 691 ). (Appeal from judgment of Supreme Court, Wyoming County, McCarthy, J. — habeas corpus.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

Cases cited

People ex rel. Dawson v. Smith 69 NY2d 689 N.Y. 1986-12-19 p. 538