Wysinger v. Scully

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Scully dated December 18, 1987, finding the petitioner guilty of assault, possession of a weapon and fighting, and imposing a penalty, and to expunge the charges from his institutional record, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Cowhey, J.), entered August 22, 1988, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, the charges are dismissed, and…