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Legal Opinion

McDermott v. Coughlin

New York Supreme Court

Decided March 20, 1987Published

1Opinion of the Court

OPINION OF THE COURT

Charles B. Swartwood, J.

Petitioner brings this special proceeding pursuant to CPLR article 78 for a judgment (1) declaring null and void an October 2, 1985 Superintendent’s hearing (7 NYCRR part 254 [Tier III disciplinary hearing]) on the basis that said hearing *660was conducted in violation of lawful procedures; (2) restoring to petitioner all privileges and good behavior time allowances lost as a result of the administrative disposition following said hearing; (3) expunging from petitioner’s institutional, departmental and parole records any and all references to said…

2Cases cited29 opinions

  1. Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Austin v. Board of Higher EducationNew York Court of Appeals · 1959
  3. McGrath v. GoldNew York Court of Appeals · 1975
  4. People v. CullNew York Court of Appeals · 1961
  5. Columbus Trust Co. v. CampoloAppellate Division of the Supreme Court of the State of New York · 1985

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