Davidson v. Smith

OPINION OF THE COURT

Memorandum.

In each appeal, the order of the Appellate Division should be reversed, the institutional findings of guilt nullified, and the proceedings expunged from petitioners’ records.

In these article 78 proceedings challenging prison disciplinary board determinations that petitioner inmates had violated inmate rules, petitioners contend that the rules were not on file with the Secretary of State at the time they were charged, that the rules were therefore ineffective, and that the findings of guilt based on those rules must be annulled in accordance with People ex rel.…