Legal Opinion
Cole v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 1981PublishedCited by 6 opinions
1Opinion of the Court
Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: In June, 1978, while incarcerated at Auburn Correctional Facility, disciplinary proceedings were brought against petitioner. After a superintendent’s hearing, these charges were dismissed and the Correction Department agreed to expunge this incident from petitioner’s records. Discovering that expungement had not taken place, petitioner commenced a CPLR article 78 proceeding in September, 1978, seeking the relief that the department had earlier promised. On the return date of…
2Cases cited5 opinions
- Montanye v. HaymesSupreme Court of the United States · 1976
- People ex rel. Brown v. JohnstonNew York Court of Appeals · 1961
- Johnson v. WardAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Ceschini v. WardenAppellate Division of the Supreme Court of the State of New York · 1968
- Barnett v. MetzAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by6 opinions
- Farinaro v. CoughlinDistrict Court, S.D. New York · 1986
- Howard v. MillerAppellate Division of the Supreme Court of the State of New York · 1993
- Beckett v. BeckettAppellate Division of the Supreme Court of the State of New York · 1987
- Fridella v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1991
- Henry v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
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