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MATTER OF BRABSON v. WILKINS

19 N.Y.2d 433 (1967)

In the Matter of Norman Brabson, Appellant, v. Walter H. Wilkins, as Warden of Attica State Prison, Respondent.

Court of Appeals of the State of New York.

Decided April 20, 1967.

Attorney(s) appearing for the Case

Frank E. Karelsen, III, and Ernest L. Bial for appellant.

Louis J. Lefkowitz, Attorney-General (Karl E. Nisoff and Ruth Kessler Toch of counsel), for respondent.

Judges BURKE, SCILEPPI and BREITEL concur with Judge BERGAN; Judge KEATING dissents in part in an opinion in which Chief Judge FULD and Judge VAN VOORHIS concur.

BERGAN, J.

This proceeding, commenced in 1963, by a prisoner at Attica Prison against the Warden originally sought relief based on a claim petitioner's civil rights had been violated because he had been denied adequate dental treatment. It was later broadened to seek relief against censorship of communications by the Warden; against the imposition of discipline for helping other prisoners to prepare legal papers...

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