Batthany v. Scully

OPINION OF THE COURT

Kenneth H. Lange, J.

This is a CPLR article 78 proceeding wherein petitioner seeks an order annulling a Superintendent’s hearing disposition dated February 17, 1987; expunging all records pertaining thereto; and restoring petitioner to the status he had prior to this Superintendent’s hearing.

*606On February 4, 1987, petitioner Everett Batthany, an inmate at the Fishkill Correctional Facility, was transported from the Fishkill prisoners mental health unit to the Green Haven psychiatric satellite unit for a 10-day treatment program. Correction Officer Thomas J. Davis, 1 of 2…