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MATTER OF PATTERSON v. SMITH

73 A.D.2d 1051 (1980)

In the Matter of Kenneth A. Patterson, Respondent, v. Harold J. Smith, as the Superintendent of The Attica Correctional Facility, et al., Appellants

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

January 24, 1980

Judgment affirmed, without costs.

Simons and Moule, JJ. (dissenting).

Petitioner commenced an article 78 proceeding to obtain an order expunging from his permanent prison file a memorandum which states that he was involved in an alleged escape plan while an inmate at the Ossining Correctional Facility. Petitioner asserts that the memorandum caused his reassignment from a job in the hospital at the Clinton Correctional Facility to a job in a more secure area...

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