Cunningham v. Keane

OPINION OF THE COURT

Kenneth H. Lange, J.

This is a CPLR article 78 proceeding wherein petitioner seeks an order annulling a determination made at a Superintendent’s hearing on November 22, 1988; expunging all records pertaining to said hearing from petitioner’s institutional *18files; and directing respondents to reinstate petitioner into the furlough program.

On November 11, 1988, petitioner, Richard Cunningham, submitted his urine for drug detection testing upon his return from his furlough program to Sing Sing Correctional Facility. After urine test results proved positive for cocaine,…