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MATTER OF MATHIE, IV v. SELSKY

45 A.D.3d 1169 (2007)

845 N.Y.S.2d 867

In the Matter of MICHAEL MATHIE, IV, Appellant, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided November 21, 2007.

Peters, J.

Petitioner was found guilty of violating certain prison disciplinary rules following a July 21, 2004 tier III hearing, but the determination was later reversed on administrative appeal. In October 2004, he commenced this CPLR article 78 proceeding seeking to have all references to the reversed determination and hearing expunged from his institutional record. Respondents, in turn, moved to dismiss the proceeding on the ground that the necessary expungement...

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