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Matter of Jermosen v. Smith

Court of Appeals of the State of New York
Dec 26, 1985
489 N.E.2d 1293 (N.Y. 1985)

Opinion

Decided December 26, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John S. Conable, J.

Edward L. Chassin and Norman P. Effman for appellant.

Robert Abrams, Attorney-General (Robert Hermann and Leslie Neustadt of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

The procedures followed in the adjustment committee proceedings challenged by petitioner conformed with the regulations governing adjustment committees then in effect. The adjustment committee determinations resulted only in the inmate's confinement to "less amenable and more restrictive quarters" for the purpose of maintaining institutional order and safety rather than as punishment. Thus, compliance with the minimal due process requirements of Wolff v McDonnell ( 418 U.S. 539) was not mandated (Hewitt v Helms, 459 U.S. 460, 468; Matter of Amato v Ward, 41 N.Y.2d 469, 472-473).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs, in a memorandum.


Summaries of

Matter of Jermosen v. Smith

Court of Appeals of the State of New York
Dec 26, 1985
489 N.E.2d 1293 (N.Y. 1985)
Case details for

Matter of Jermosen v. Smith

Case Details

Full title:In the Matter of DONALD JERMOSEN, Appellant, v. HAROLD J. SMITH, as…

Court:Court of Appeals of the State of New York

Date published: Dec 26, 1985

Citations

489 N.E.2d 1293 (N.Y. 1985)
489 N.E.2d 1293
499 N.Y.S.2d 391

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