MATTER OF MEDINA v. ANNUCCI

1076 CA 15-01813.

144 A.D.3d 1694 (2016)

2016 NY Slip Op 07814

40 N.Y.S.3d 812

In the Matter of BRYAN MEDINA, Respondent, v. ANTHONY J. ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Appellant.

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

Decided November 18, 2016.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Contrary to respondent's contention, Supreme Court properly determined upon reargument that expungement of all references to the underlying incident from petitioner's institutional record, rather than remittal for a new hearing, was the appropriate remedy for the violation of petitioner's fundamental right to be present at his disciplinary hearing (see Matter...

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