MATTER OF CARTER v. KELLY


159 A.D.2d 1006 (1990)

In the Matter of Jose Carter, Petitioner, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

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

March 16, 1990


Determination unanimously annulled, petition granted, and all references to these charges expunged from petitioner's file.

Memorandum:

In this CPLR article 78 proceeding, petitioner challenges a prison disciplinary determination finding him guilty of violent conduct and assault and imposing a penalty of 730 days' confinement to special housing unit with loss of telephone privileges and good time. The charges arose out of a disturbance in the mess hall of the...

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