Fitzpatrick v. Smith — 59 N.Y.2d 916

Majority

p. 916

In the Matter of Martin Fitzpatrick, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Argued June 7, 1983;

decided June 28, 1983

p. 917

APPEARANCES OF COUNSEL

Leigh E. Anderson and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (Nancy A. Spiegel and Peter H. Schiff of counsel), for respondents.

OPINION OF THE COURT

Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 90 AD2d 974 ).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Simons.