MATTER OF MOSS v. SCULLY


152 A.D.2d 577 (1989)

In the Matter of Kenneth Moss, 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.

July 3, 1989


Ordered that the appeal is dismissed, without costs or disbursements, and the judgment entered April 29, 1988, is vacated, the petition is granted, the determination is annulled on the law, without costs or disbursements, the charge is dismissed, the penalty is vacated, and the respondents are directed to expunge all references to the charge and the proceedings from the petitioner's institutional record.

Since the petitioner raised the issue of whether there was substantial...

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