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Flores v. Smith

126 A.D.2d 985, 511 N.Y.S.2d 984, 1987 N.Y. App. Div. LEXIS 42107
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 23, 1987
StatusPublished
Cited by8 cases

This text of 126 A.D.2d 985 (Flores 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
Flores v. Smith, 126 A.D.2d 985, 511 N.Y.S.2d 984, 1987 N.Y. App. Div. LEXIS 42107 (N.Y. Ct. App. 1987).

Opinion

—Judgment unanimously reversed, on the law, and petition granted. Memorandum: Petitioner challenges a determination of violation of inmate rules made following a Superintendent’s hearing held at Attica Correctional Facility. Respondent agrees that since the inmate behavior rules relied on in the disciplinary hearing were not on file with the Secretary of State at the time petitioner was charged, the rules were ineffective, the hearing was a nullity, and the findings of guilt based on the rules must be expunged in accordance with People ex rel. Roides v Smith (67 NY2d 899; see, Matter of Dawson v Smith, 125 AD2d 1007). (Appeal from judgment of Supreme Court, Wyoming County, Newman, J.—art 78.) Present—Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

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Related

People ex rel. Quinones v. Smith
126 A.D.2d 986 (Appellate Division of the Supreme Court of New York, 1987)
People ex rel. Fleming v. Smith
126 A.D.2d 986 (Appellate Division of the Supreme Court of New York, 1987)
Smalls v. Smith
126 A.D.2d 987 (Appellate Division of the Supreme Court of New York, 1987)
People ex rel. Calderon v. Smith
126 A.D.2d 987 (Appellate Division of the Supreme Court of New York, 1987)
Bridges v. Smith
126 A.D.2d 987 (Appellate Division of the Supreme Court of New York, 1987)
People ex rel. Lifrieri v. Smith
126 A.D.2d 988 (Appellate Division of the Supreme Court of New York, 1987)
Fernandez v. Smith
126 A.D.2d 988 (Appellate Division of the Supreme Court of New York, 1987)
People ex rel. Sims v. Smith
126 A.D.2d 989 (Appellate Division of the Supreme Court of New York, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
126 A.D.2d 985, 511 N.Y.S.2d 984, 1987 N.Y. App. Div. LEXIS 42107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flores-v-smith-nyappdiv-1987.