Legal Opinion

Medina v. Lape

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

Decided November 12, 2009Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Petitioner commenced this CPLR article 78 proceeding challenging a determination, rendered after a tier II disciplinary hearing, finding him guilty of fighting. The Attorney General has advised this Court that such determination has since been administratively reversed and all references thereto have been expunged from petitioner’s institutional record. In view of…

2Cases cited2 opinions

  1. Covington v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
  2. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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