Dickens v. Irvin

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in directing respondents to expunge from their institutional records any reference to an alleged escape attempt by petitioner while in local custody in 1992 (see, Matter of Sommer v Jones, 96 AD2d 624, lv denied 60 NY2d 555). Respondents have the authority and duty to indicate on their records whether an inmate is a security risk because of a prior history of escape or attempted escape (see, Correction Law § 137 [1], [2]; § 601 [a]). If the inmate believes…