MATTER OF BOYD v. FISCHER

516604

115 A.D.3d 1099 (2014)

982 N.Y.S.2d 406

2014 NY Slip Op 1791

In the Matter of MARKEITH BOYD, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 20, 2014.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating various disciplinary rules. Respondent moved to, among other things, remit the matter for a new hearing given that a substantial portion of the hearing was inaudible and could not be transcribed. Supreme Court granted respondent's motion. Petitioner now appeals, contending that expungement of the administrative determination, as opposed to remittal, is the appropriate...

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