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MATTER OF PORTER v. SMITH

112 A.D.2d 753 (1985)

In the Matter of Andre Porter, 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.

July 12, 1985

Judgment, insofar as appealed from, unanimously reversed, on the law, in accordance with the following memorandum:

The court erred in ordering that respondent's records be amended to reflect 30 days' confinement for petitioner, an inmate at Attica Correctional Facility, instead of the 60 days actually served. The imposition after a disciplinary hearing (7 NYCRR part 253) of 10 days' confinement plus 50 days' confinement, which had been suspended after a superintendent...

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