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MATTER OF BURGOS v. KUHLMANN

137 Misc.2d 1039 (1987)

In the Matter of Hector Burgos, Petitioner, v. Robert Kuhlmann, as Superintendent of Sullivan Correctional Facility, et al., Respondents.

Supreme Court, Sullivan County.

November 30, 1987

Attorney(s) appearing for the Case

Robert Selcov and David C. Leven for petitioner. Michael Davidoff, County Attorney, for Robert Kuhlmann, respondent. Robert Abrams, Attorney-General (Michael E. Timm of counsel), for Thomas A. Coughlin, III, as Commissioner of Correctional Services, respondent.

ROBERT C. WILLIAMS, J.

Petitioner moves for judgment pursuant to CPLR article 78 annulling the April 6, 1987 Superintendent's hearing and dismissing, with prejudice, the charge upon which the hearing was based and expunging from petitioner's institutional and departmental records all references to said hearing. Petitioner also seeks to proceed in forma pauperis.

Petitioner has satisfied the...

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