New York Court of Appeals, 1985

Jermosen v. Smith

New York Court of Appeals · Decided December 26, 1985

66 N.Y.2d 1024; 489 N.E.2d 1293; 499 N.Y.S.2d 391; 1985 N.Y. LEXIS 18365

Cases that cite this one

2 later published cases cite this decision.

Lopez v. Kramer (Appellate Division of the Supreme Court of New York 1986)
Gittens v. State (N.Y. Ct. Cl. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

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 *1026adjustment 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 US 539) was not mandated (Hewitt v Helms, 459 US 460, 468; Matter of Amato v Ward, 41 NY2d 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 NYCRR 500.4), order affirmed, without costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.