Matter of Byrd v. Flood

Full title: In the Matter of RICHARD BYRD, Appellant, v. WALTER J. FLOOD, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 21, 1989

147 A.D.2d 640 (N.Y. App. Div. 1989)

538 N.Y.S.2d 47

Opinion

February 21, 1989

Appeal from the Supreme Court, Nassau County (Goldstein, J.).

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

Under the circumstances presented in the instant record, including the petitioner's admission at the hearing before the Supreme Court that on or about February 3, 1987, he tore up a disciplinary report and flushed it down a toilet, the Supreme Court did not err in failing to expunge the petitioner's record with respect to that incident (see also, Matter of Sommer v Jones, 96 A.D.2d 624). Mangano, J.P., Brown, Lawrence, Kooper and Harwood, JJ., concur.