MATTER OF SITAL v. CAPRA

2016-00506, Index No. 647/14.

152 A.D.3d 702 (2017)

2017 NY Slip Op 05739

60 N.Y.S.3d 55

In the Matter of FRANS SITAL, Appellant, v. MICHAEL CAPRA, Superintendent, Sing Sing Correctional Facility, Respondent.

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

Decided July 19, 2017.


Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that so much of the determination dated June 13, 2014, as affirmed the determination that the petitioner was guilty of violating Institutional Rules of Conduct rules 114.10, 180.10, and 180.13 (7 NYCRR 270.2 [B] [15] [i]; [26] [i], [iv]), is annulled, those charges are dismissed, the respondent is directed to expunge all references to those charges from the petitioner's institutional...

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