Moss v. Scully

In a proceeding pursuant to CPLR article 78 to review a determination, dated August 29, 1987, made after a Superintendent’s Tier III hearing, finding the petitioner guilty of using alcohol, and imposing a penalty, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Jiudice, J.), entered April 29, 1988, which dismissed the proceeding.

Ordered that the appeal is dismissed, without costs or disbursements, and the judgment entered April 29, 1988, is vacated, the petition is granted, the determination is annulled on the law, without costs or disbursements, the charge is…