Gittens v. Sullivan

In a proceeding pursuant to CPLR article 78 to review a determination of the respondents, dated June 8, 1987, finding that the petitioner had violated an institutional rule and imposing a penalty, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Donovan, J.), entered January 13, 1988, which dismissed the proceeding.

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

Initially, we find that the petitioner’s due process…