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People ex Rel. Catapano v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 538 (N.Y. App. Div. 1988)

Opinion

September 27, 1988

Appeal from the Supreme Court, Wyoming County, McCarthy, J.

Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.


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 N.Y.2d 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).


Summaries of

People ex Rel. Catapano v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 27, 1988
143 A.D.2d 538 (N.Y. App. Div. 1988)
Case details for

People ex Rel. Catapano v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. PETER CATAPANO, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 27, 1988

Citations

143 A.D.2d 538 (N.Y. App. Div. 1988)

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