Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In June, 1978, while incarcerated at Auburn Correctional Facility, disciplinary proceedings were brought against petitioner. After a superintendent's hearing, these charges were dismissed and the Correction Department agreed to expunge this incident from petitioner's records. Discovering that expungement had not taken place, petitioner commenced a CPLR article...
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