Parkinson v. New York State Department of Correctional Services

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondents dated June 3, 1989, finding that the petitioner had violated *636institutional rules and imposing a penalty, the petitioner appeals from a judgment of the Supreme Court, Kings County (Lagaña, J.), dated January 3, 1990, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the findings that the petitioner violated the institutional rules in question and the penalty imposed thereon are vacated, without prejudice to a de novo hearing and a new…