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

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

DecidedSeptember 27, 1988

StatusPublished

Cited by1 cases

This text of 143 A.D.2d 538 (People ex rel. Catapano v. Smith) 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.

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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).

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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.

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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.

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143 A.D.2d 538, 533 N.Y.S.2d 24, 1988 N.Y. App. Div. LEXIS 10883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-catapano-v-smith-nyappdiv-1988.

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