PEOPLE EX REL. ROIDES v. SMITH, 67 N.Y.2d 899 (1986)

492 N.E.2d 1221, 501 N.Y.S.2d 805

THE PEOPLE OF THE STATE OF NEW YORK ex rel. STEVEN W. ROIDES, Respondent, v. HAROLD J. SMITH, as Superintendent of Attica Correctional Facility, et al., Appellants. (And 14 Additional Proceedings.)

Court of Appeals of the State of New York.
Decided April 1, 1986

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department,

Page 900

Charles R. Newman, Wayne A. Feeman, Jr., Mark H. Dadd, Joseph S. Forma, JJ.

Robert Abrams, Attorney-General (Martin A. Hotvet, Robert Hermann and Peter H. Schiff of counsel), for appellants.

Norman P. Effman and Leigh E. Anderson for respondents.

Page 901

Ellen M. Yacknin and David C. Leven for Prisoners’ Legal Services of New York, amicus curiae.

MEMORANDUM.

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

In these 15 separate article 78 proceedings challenging prison disciplinary board determinations that respondents, then inmates at Attica Correctional Facility, violated institutional rules, respondents contend that the inmate behavior rules were not filed with the Secretary of State at the time of the alleged violations, that the rules were therefore ineffective, and that the findings of guilt must for that reason be annulled. Appellant does not dispute that the rules were unfiled. In this situation, the rules were of no effect whatever, and findings of guilt based on them must be vacated in accordance with Matter of Jones v Smith (64 N.Y.2d 1003). While respondents first urge this argument on appeal, appellant suggests no factual showing or legal counterstep that might have been made if the argument had been tendered below.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE, JJ., concur; Judge HANCOCK, JR., taking no part.

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