Opinion
September 27, 1985
Appeal from the Supreme Court, Wyoming County, Wolfgang, J.
Present — Dillon, P.J., Hancock, Jr., Doerr, Green and Schnepp, JJ.
Judgment unanimously modified, on the law, and as modified, affirmed, in accordance with the following memorandum: Special Term properly held that the various adjustment committee hearings were a nullity since they violated the Regulations of the Department of Correctional Services then in effect ( 7 NYCRR 252.5 [e] [3] [repealed June 15, 1983]). It properly expunged all references to those proceedings from petitioner's institutional records. Special Term, however, failed to direct the deletion from petitioner's records of any reference to petitioner's classification as a security risk which may have resulted from the adjustment committee's proceedings. Such a direction should have been made and we modify the order to include it.