(Download) "Matter Kenneth A. Patterson v. Harold J. Smith" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Kenneth A. Patterson v. Harold J. Smith
- Author : Court of Appeals of New York
- Release Date : January 09, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Opinion OF THE COURT This appeal presents the question whether a prison inmate is entitled as a matter of due process to a trial concerning the correctness of an entry in his permanent file that he was involved in a plan to escape from a correctional facility. By article 78 proceeding petitioner sought expungement from his records of all references to such an escape plan. The order entered at Special Term did not direct expungement. It did, however, prohibit consideration of the alleged escape plan upon any application by petitioner for transfer, assignment, programs, temporary release, conditional release, parole or request for commutation unless within 90 days after receipt of the order the Department of Correctional Services commenced a disciplinary proceeding based upon the allegation. The Appellate Division affirmed, without opinion, two Justices dissenting.
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