Burgos v. Kuhlmann

*1040OPINION OF THE COURT

Robert C. Williams, J.

Petitioner moves for judgment pursuant to CPLR article 78 annulling the April 6, 1987 Superintendent’s hearing and dismissing, with prejudice, the charge upon which the hearing was based and expunging from petitioner’s institutional and departmental records all references to said hearing. Petitioner also seeks to proceed in forma pauperis.

Petitioner has satisfied the requirements of CPLR 1101 and is therefore permitted to proceed as a poor person.

For the following reason, the petition must be granted.

The relevant subdivisions of section 138 of the…