Johnson v. Scully

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Superintendent of the Green Haven Correctional Facility, dated June 7, 1988, which, after a hearing, found that the petitioner was guilty of violations of institutional rules of the Department of Correction and imposed penalties, the appeal is from a judgment of the Supreme Court, Dutchess County (Bernhard, J.), dated August 10, 1989, which annulled the determination.

Ordered that the judgment is affirmed, without costs or disbursements.

Pursuant to 7 NYCRR 251-5.1 (a), the appellants were required to…