Legal Opinion

Dempsey v. Scully

Appellate Division of the Supreme Court of the State of New York

Decided August 13, 1984PublishedCited by 1 opinion

1Opinion of the Court

— In a proceeding pursuant to CPLR article 78, inter alia, to review a determination made after a superintendent’s proceeding and to compel respondents to expunge from petitioner’s institutional files all disciplinary records pertaining to that proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Delaney, J.), dated June 21, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

Inasmuch as a superintendent’s proceeding is not a full-scale adversary hearing requiring that inmates be afforded the rights to confrontation and…

2Cases cited3 opinions

  1. Baker v. WilmotAppellate Division of the Supreme Court of the State of New York · 1978
  2. Gunn v. WardAppellate Division of the Supreme Court of the State of New York · 1979
  3. Gunn v. WardNew York Court of Appeals · 1981

3Cited by1 opinion

  1. Haslip v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1989

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