Handlin v. Flood

Appellate Division of the Supreme Court of New York

Handlin v. Flood

43 A.D.2d 738, 351 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 2795

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 31, 1973

StatusPublished

This text of 43 A.D.2d 738 (Handlin v. Flood) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Handlin v. Flood, 43 A.D.2d 738, 351 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 2795 (N.Y. Ct. App. 1973).

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Opinion

In a proceeding pursuant to article 78 of the CPLR by an inmate of the Nassau County Jail to annul respondent’s determination that petitioner shall lose seven days of “ good-time credit ”, the appeal is from a judgment of the Supreme Court, Nassau County, entered April 6, 1973, which dismissed the petition. Judgment affirmed, without costs. No opinion. Munder, Acting P. J., Martuseello, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to reverse and grant the petition, with the following memorandum: In my opinion, respondent’s determination, without a hearing, to deprive petitioner of seven days of “good time” jail credit for failure to have his hair cut, is an undue curtailment of petitioner’s civil rights, particularly since petitioner infers that his religion requires that his hair be uncut.

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In a proceeding pursuant to article 78 of the CPLR by an inmate of the Nassau County Jail to annul respondent’s determination that petitioner shall lose seven days of “ good-time credit ”, the appeal is from a judgment of the Supreme Court, Nassau County, entered April 6, 1973, which dismissed the petition. Judgment affirmed, without costs. No opinion. Munder, Acting P. J., Martuseello, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to reverse and grant the petition, with the following memorandum: In my opinion, respondent’s determination, without a hearing, to deprive petitioner of seven days of “good time” jail credit for failure to have his hair cut, is an undue curtailment of petitioner’s civil rights, particularly since petitioner infers that his religion requires that his hair be uncut.

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Bluebook (online)

43 A.D.2d 738, 351 N.Y.S.2d 374, 1973 N.Y. App. Div. LEXIS 2795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handlin-v-flood-nyappdiv-1973.