Ryan v. Smith

Appellate Division of the Supreme Court of New York

Ryan v. Smith

113 A.D.2d 1026, 494 N.Y.S.2d 684, 1985 N.Y. App. Div. LEXIS 52668

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

DecidedSeptember 27, 1985

StatusPublished

This text of 113 A.D.2d 1026 (Ryan 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

Ryan v. Smith, 113 A.D.2d 1026, 494 N.Y.S.2d 684, 1985 N.Y. App. Div. LEXIS 52668 (N.Y. Ct. App. 1985).

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Opinion

Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum: Special Term properly held that the various adjustment committee hearings were a nullity since they violated the Regulations of the Department of Correctional Services then in effect (7 NYCRR 252.5 [e] [3] [repealed June 15, 1983]). It properly expunged all references to those proceedings from petitioner’s institutional records. Special Term, however, failed to direct the deletion from petitioner’s records of any reference to petitioner’s classification as a security risk which may have resulted from the adjustment committee’s proceedings. Such a direction should have been made and we modify the order to include it. (Appeal from judgment of Supreme Court, Wyoming County, Wolfgang, J.—art 78.) Present—Dillon, P. J., Hancock, Jr., Doerr, Green and Schnepp, JJ.

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Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum: Special Term properly held that the various adjustment committee hearings were a nullity since they violated the Regulations of the Department of Correctional Services then in effect (7 NYCRR 252.5 [e] [3] [repealed June 15, 1983]). It properly expunged all references to those proceedings from petitioner’s institutional records. Special Term, however, failed to direct the deletion from petitioner’s records of any reference to petitioner’s classification as a security risk which may have resulted from the adjustment committee’s proceedings. Such a direction should have been made and we modify the order to include it. (Appeal from judgment of Supreme Court, Wyoming County, Wolfgang, J.—art 78.) Present—Dillon, P. J., Hancock, Jr., Doerr, Green and Schnepp, JJ.

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Bluebook (online)

113 A.D.2d 1026, 494 N.Y.S.2d 684, 1985 N.Y. App. Div. LEXIS 52668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-smith-nyappdiv-1985.