Jones v. Smith

— Judgment unanimously modified, on the law, by annulling the December 20, 1983 determination and expunging the disposition therein, and, as modified, affirmed. Memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 proceeding in which he sought review of three separate disciplinary hearings conducted on December 10, 1983, December 20, 1983 and January 29, 1984 at the Attica Correctional Facility. In all three hearings the petitioner was accused of violating the State-wide rules for inmate behavior based upon his refusal to stand and be counted.

At the December 20th…