People ex rel. Catapano v. Smith

Appellate Division of the Supreme Court of New York

People ex rel. Catapano v. Smith

143 A.D.2d 538, 533 N.Y.S.2d 24, 1988 N.Y. App. Div. LEXIS 10883

Appellate Division of the Supreme Court of the State of New York·Decided September 27, 1988·Published·Cited by 1 cases

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

People ex rel. Catapano v. Smith, 143 A.D.2d 538, 533 N.Y.S.2d 24, 1988 N.Y. App. Div. LEXIS 10883 (N.Y. Ct. App. 1988).

Pincite

143 A.D.2d 538 (People ex rel. Catapano v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related