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UNITED STATES EX REL. SERO v. PREISER

No. 72 Civ. 778.

372 F.Supp. 663 (1974)

UNITED STATES ex rel. Lois SERO et al., Petitioners, v. Peter PREISER, Commissioner of the New York Department of Correctional Services, et al., Respondents.

United States District Court, S. D. New York.

March 6, 1974.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, New York Civil Liberties Union, National Prison Project—American Civil Liberties Union, Amherst, N. Y., Elizabeth B. DuBois (Legal Action Center of the City of New York, Inc.) New York City, for petitioners.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City, for respondents; Michael Colodner, Asst. Atty. Gen., of counsel.

MEMORANDUM

LASKER, District Judge.

The issues before us in this latest of a number of opinions filed in this storied case are whether plaintiffs' allegations that the New York procedure for imposing "extended" reformatory sentences upon them is unconstitutional and that they are constitutionally entitled to time off for good behavior state claims upon which relief can be granted. We wrote earlier on these subjects, when plaintiffs sought injunctive relief...

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