McKethan v. Kafka

Appeal from a judgment of the Supreme Court (Clemente, J.), entered September 27, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents refusing to expunge certain references from his institutional record.

Petitioner, a prison inmate, initially made a self-referral to the Residential Substance Abuse Treatment (hereinafter RSAT) program. Subsequently, his correction counselor also referred him to the RSAT program based upon a 1996 urinalysis misbehavior adjudication. Petitioner refused to…