MATTER OF McDERMOTT v. SCULLY


145 A.D.2d 421 (1988)

In the Matter of Keith McDermott, Appellant, v. Charles Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents

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

December 5, 1988


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the petition is granted to the extent that the determination is annulled and the respondents are directed to expunge from the petitioner's institutional record all references to the Superintendent's hearing.

The petitioner is an inmate at the Green Haven Correctional Facility. During a routine frisk prior to being permitted to enter the institution's recreation yard, he allegedly...

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