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CRUZ v. WARD

No. 75 Civ. 5334 (GLG).

424 F.Supp. 1277 (1976)

Hector CRUZ et al., Plaintiffs, v. Benjamin WARD, Individually and in his capacity as Commissioner of the New York State Department of Correctional Services, et al., Defendants.

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

December 17, 1976.

Attorney(s) appearing for the Case

Mid Hudson Valley Legal Services Project, Poughkeepsie, N. Y., for plaintiffs; by Jane E. Bloom, Poughkeepsie, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants New York State Department of Law; by Arlene Silverman, New York City, of counsel.

OPINION

GOETTEL, District Judge.

On October 28, 1975, plaintiffs Cruz, Gulley and Perrelli, inmates in the New York State prison system, commenced an action under the provisions of 42 U.S.C. § 1983 to enjoin defendant officials of the New York State Department of Corrections and Matteawan State Hospital from transferring them from Matteawan to the general prison system without a hearing prior to transferral. Plaintiffs allege, inter alia, that...

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