Matter of Parkinson v. N.Y. State Department

Full title: In the Matter of ROLAND O. PARKINSON, JR., Appellant, v. NEW YORK STATE…

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

Date published: Mar 22, 1993

191 A.D.2d 635 (N.Y. App. Div. 1993)

595 N.Y.S.2d 230

Opinion

March 22, 1993

Appeal from the Supreme Court, Kings County (Lagana, J.).

Ordered that the judgment is reversed, on the law, without costs or disbursements, and the findings that the petitioner violated the institutional rules in question and the penalty imposed thereon are vacated, without prejudice to a de novo hearing and a new determination if the respondents be so advised.

Since the minutes of the hearing do not exist, the determination should be annulled (see, Matter of Gittens v Sullivan, 151 A.D.2d 481). The annulment is without prejudice to a de novo hearing and a new determination if the respondents be so advised.

We find no merit to the respondents' contention that the appeal is moot. Bracken, J.P., Copertino, Lawrence and Pizzuto, JJ., concur.