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Matter of Porter v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 753 (N.Y. App. Div. 1985)

Opinion

July 12, 1985

Appeal from the Supreme Court, Wyoming County, Dadd, J.

Present — Hancock, Jr., J.P., Denman, Green, O'Donnell and Pine, JJ.


Judgment, insofar as appealed from, unanimously reversed, on the law, in accordance with the following memorandum: The court erred in ordering that respondent's records be amended to reflect 30 days' confinement for petitioner, an inmate at Attica Correctional Facility, instead of the 60 days actually served. The imposition after a disciplinary hearing ( 7 N.Y.CRR part 253) of 10 days' confinement plus 50 days' confinement, which had been suspended after a superintendent's hearing ( 7 N.Y.CRR part 254) held less than a month earlier is within the authority given the hearing officer under 7 NYCRR 254.7 (b).


Summaries of

Matter of Porter v. Smith

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1985
112 A.D.2d 753 (N.Y. App. Div. 1985)
Case details for

Matter of Porter v. Smith

Case Details

Full title:In the Matter of ANDRE PORTER, Respondent, v. HAROLD J. SMITH, as…

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

Date published: Jul 12, 1985

Citations

112 A.D.2d 753 (N.Y. App. Div. 1985)