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MATTER OF SMITH v. SMITH

124 A.D.2d 1032 (1986)

In the Matter of Marvin Smith, 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 10, 1986

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Special Term erred in denying petitioner's request for expungement from his institutional record of his assignment to Minimum Privilege Company (MPC). The record shows that Superintendent Smith agreed in May 1982 that the assignment to MPC was improper. Under these circumstances, petitioner is entitled to expungement (see, Matter of Ryan v Smith, ...

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