Romano v. Ward

OPINION OF THE COURT

Roger J. Miner, J.

Pursuant to CPLR article 78, petitioner seeks judgment annulling a determination made after a superintendent’s proceeding, expunging all reference to certain alleged misbehav*938ior forming the basis for that proceeding and prohibiting respondents from conducting a new proceeding.

It appears that petitioner was an inmate of Great Meadow Correctional Facility on February 16, 1978. On that date, following a disturbance in the mess hall area at the facility, Corrections Officers Westover and Torres filed misbehavior reports relating to petitioner’s conduct.…