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MATTER OF RYAN v. SMITH

113 A.D.2d 1026 (1985)

In the Matter of Kenny Ryan, 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.

September 27, 1985

Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum: Special Term properly held that the various adjustment committee hearings were a nullity since they violated the Regulations of the Department of Correctional Services then in effect (7 NYCRR 252.5 [e] [3] [repealed June 15, 1983]). It properly expunged all references to those proceedings from petitioner's institutional records. Special Term, however, failed...

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