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MATTER OF DICKENS v. IRVIN

214 A.D.2d 1006 (1995)

626 N.Y.S.2d 608

In the Matter of Arthur T. Dickens, Respondent, v. Frank E. Irvin, as Superintendent of Wende Correctional Facility, et al., Appellants

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

April 28, 1995

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed.

Memorandum:

Supreme Court erred in directing respondents to expunge from their institutional records any reference to an alleged escape attempt by petitioner while in local custody in 1992 (see, Matter of Sommer v Jones, 96 A.D.2d 624, lv denied 60 N.Y.2d 555). Respondents have the authority and duty...

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