MATTER OF BLACKBURN v. JOHNSON


140 A.D.2d 928 (1988)

In the Matter of Anthony Blackburn, Petitioner, v. Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents

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

May 27, 1988


Determination unanimously annulled on the law and petition granted, in accordance with the following memorandum: This CPLR article 78 proceeding was transferred to this court by order of Supreme Court, Wyoming County, to review respondent's determination which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was an inmate at Orleans Correctional Facility on May 18, 1987 when he was served with a misbehavior report charging him with conspiracy...

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