Waters v. McGinnis

Determination of respondent Department of Correction dismissing petitioner from its employ as a correction officer annulled, on the law, with $25 costs and disbursements to petitioner, and proceeding remitted to the Department of Correction for a new hearing on the charges preferred against petitioner, in accordance with the views herein set forth, and for a determination de nova. Petitioner, a prison guard, was dismissed after a hearing held before the respondent Warden, as designated hearing officer, on charges of misconduct. From the extensive record of the hearing we are convinced that…