109 Misc. 2d 214 | N.Y. Sup. Ct. | 1981
OPINION OF THE COURT
This is an article 78 proceeding in which petitioner seeks a judgment: (1) vacating and setting aside a determination of respondent Scully made following a superintendent’s proceeding and the affirmance of such determination by respondent Coughlin; (2) directing respondents to expunge all entries of the superintendent’s proceeding and the resulting disposition thereof from his records; and (3) restoring him to the status he enjoyed prior to commencement of the superintendent’s proceeding.
Petitioner was charged with the attempted murder of Correction Officer Post and the assault of Correction Officer Tierney arising out of an incident which occurred at Green Haven on October 14,1980. As a result of the aforestated charges, petitioner was confined to the special housing unit on October 21, 1980. The following day he appeared before the adjustment committee and was thereupon referred to a superintendent’s proceeding. On November 4, 1980, the superintendent’s proceeding commenced, at which time petitioner entered a plea of not guilty. After a brief recess, during which time Officer Tierney was interviewed, the proceeding continued. Subsequently, petitioner was found guilty and was sentenced to 365 days confinement in the special housing unit and 365 days loss of telephone and commissary privileges.
