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MATTER OF RIVERA v. SMITH

110 A.D.2d 1043 (1985)

In the Matter of Enrique Rivera, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants

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

April 5, 1985

Judgment unanimously affirmed.

Memorandum:

In this CPLR article 78 proceeding brought to review a determination after a disciplinary proceeding concerning petitioner's alleged unauthorized possession of a tool, Special Term properly annulled the determination and expunged the violation from the record upon the ground that the correctional authorities failed to comply with several prehearing requirements. Petitioner speaks only Spanish. Upon the filing of the...

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