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Lozada v. Scully

108 A.D.2d 859, 485 N.Y.S.2d 571, 1985 N.Y. App. Div. LEXIS 43186
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 19, 1985
StatusPublished
Cited by10 cases

This text of 108 A.D.2d 859 (Lozada v. Scully) 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
Lozada v. Scully, 108 A.D.2d 859, 485 N.Y.S.2d 571, 1985 N.Y. App. Div. LEXIS 43186 (N.Y. Ct. App. 1985).

Opinion

Proceeding pursuant to CPLR article 78 to review a determination, dated October 23, 1983, made after a superintendent’s proceeding, that petitioner sold heroin while incarcerated.

Petition granted to the extent that the determination is annulled, on the law, without costs or disbursements, charge dismissed, and respondents are directed to expunge from the petitioner’s institutional record all reference to the superintendent’s proceeding.

Respondents failed to commence a superintendent’s hearing within seven days of petitioner’s incarceration in the special housing unit, in violation of respondents’ own regulations (7 NYCRR 251-5.1). Under the circumstances, the determination must be annulled and all references to the superintendent’s proceeding in petitioner’s institutional records must be expunged (Matter of Grosvenor v Dalsheim, 90 AD2d 485). Titone, J. P., Thompson, O’Connor and Fiber, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
108 A.D.2d 859, 485 N.Y.S.2d 571, 1985 N.Y. App. Div. LEXIS 43186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lozada-v-scully-nyappdiv-1985.