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MATTER OF HAYES v. FISCHER

513441.

95 A.D.3d 1587 (2012)

944 N.Y.S.2d 800

2012 NY Slip Op 4066

In the Matter of RONALD HAYES, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.

Petitioner commenced this CPLR article 78 proceeding challenging a prison disciplinary determination. Finding that a significant portion of the transcript was missing and that meaningful review was precluded, Supreme Court partially granted the petition by annulling the determination and remitting for a new hearing. Petitioner appeals.

Petitioner's sole contention is that Supreme Court should have ordered expungement instead of a new hearing. We find this claim to...

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