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MATTER OF FLAHERTY v. FOGG

72 A.D.2d 861 (1979)

In the Matter of Kerry Flaherty, Appellant, v. Walter Fogg, as Superintendent of Eastern New York Correctional Facility, et al., Respondents

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

November 15, 1979

The petitioner contends that his constitutional rights were violated because he did not receive adequate written notice of the charges against him and, accordingly, did not have a reasonable opportunity to defend when brought before the adjustment committee on two occasions. Because of such default as to his rights to due process he would have the entire record and/or all references of such proceedings expunged from the institution...

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