Legal Opinion
Ramirez v. Schultz
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2004PublishedCited by 5 opinions
1Opinion of the Court
*458Proceeding pursuant to CPLR article 78 to review a determination of the respondent Susan I. Schultz, Superintendent of the Mid-Orange Correctional Facility, dated July 31, 2003, which affirmed the determination of a Hearing Officer, made after a Tier II disciplinary hearing, finding that the petitioner was guilty of violating certain prison disciplinary rules and imposing a penalty.
Adjudged that the petition is granted, on the law, with costs, the determination is annulled, the penalties and surcharge are vacated, and the respondent is directed to expunge from the petitioner’s institutional…
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