MATTER OF PAYNE v. SMITH


97 A.D.2d 960 (1983)

In the Matter of Milton Payne, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

November 4, 1983


Judgment unanimously affirmed.

Memorandum:

Petitioner, an inmate at Attica Correctional Facility, was charged with violating disciplinary rules. In a prior CPLR article 78 proceeding, the court annulled the determination of the superintendent and ordered a new proceeding before another hearing officer. Written charges were again served upon the petitioner and he was notified to appear before the new hearing officer. Petitioner did not appear in response to...

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