MATTER OF HICKS v. SCULLY


159 A.D.2d 624 (1990)

In the Matter of Roy Hicks, Appellant, v. Charles J. Scully, as Superintendent of Green Haven Correctional Facility, Respondent

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

March 19, 1990


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, the charge is dismissed, and the respondent is directed to expunge from the petitioner's institutional record all reference to the charges underlying the Superintendent's proceeding.

The second extension granted to the respondent pursuant to 7 NYCRR 251-5.1 was invalid, as it was obtained after the first extension had expired and...

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