Bradley v. Smith

Appellate Division of the Supreme Court of New York

Bradley v. Smith

143 A.D.2d 536, 533 N.Y.S.2d 26, 1988 N.Y. App. Div. LEXIS 10537

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 1988

StatusPublished

Cited by1 cases

This text of 143 A.D.2d 536 (Bradley v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradley v. Smith, 143 A.D.2d 536, 533 N.Y.S.2d 26, 1988 N.Y. App. Div. LEXIS 10537 (N.Y. Ct. App. 1988).

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Opinion

Judgment unanimously reversed on the law and petition granted, in accordance with the following memorandum: Disciplinary proceedings conducted against an inmate prior to the filing of inmate behavior rules with the Secretary of State must be vacated and expunged from institutional records (Matter of Davidson v Smith, 69 NY2d 677; Matter of Jones v Smith, 64 NY2d 1003). This issue may be raised for the first time on appeal (People ex rel. Roides v Smith, 67 NY2d 899; see also, Matter of Davidson v Smith, supra). We grant the petition to the extent of directing that the findings of guilt based upon the unfiled rules be vacated and that the proceedings be expunged from petitioner’s institutional records. (Appeal from judgment of Supreme Court, Wyoming County, Ostrowski, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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Judgment unanimously reversed on the law and petition granted, in accordance with the following memorandum: Disciplinary proceedings conducted against an inmate prior to the filing of inmate behavior rules with the Secretary of State must be vacated and expunged from institutional records (Matter of Davidson v Smith, 69 NY2d 677; Matter of Jones v Smith, 64 NY2d 1003). This issue may be raised for the first time on appeal (People ex rel. Roides v Smith, 67 NY2d 899; see also, Matter of Davidson v Smith, supra). We grant the petition to the extent of directing that the findings of guilt based upon the unfiled rules be vacated and that the proceedings be expunged from petitioner’s institutional records. (Appeal from judgment of Supreme Court, Wyoming County, Ostrowski, J. — art 78.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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Bluebook (online)

143 A.D.2d 536, 533 N.Y.S.2d 26, 1988 N.Y. App. Div. LEXIS 10537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradley-v-smith-nyappdiv-1988.

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