MATTER OF JOHNSON v. LEMPKE

1041 TP 16-00140.

144 A.D.3d 1677 (2016)

2016 NY Slip Op 07801

42 N.Y.S.3d 702

In the Matter of LEROY JOHNSON, Petitioner, v. JOHN B. LEMPKE, Superintendent, Wende Correctional Facility, Respondent.

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

Decided November 18, 2016.


It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rule 107.10 (7 NYCRR 270.2 [B] [8] [i]), and as modified the determination is confirmed without costs, and respondent is directed to expunge from petitioner's institutional record all references to the violation of that inmate rule.

Memorandum: Petitioner...

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