Matter of Smith v. Smith

Full title: In the Matter of MARVIN SMITH, Appellant, v. HAROLD J. SMITH, as…

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

Date published: Nov 10, 1986

124 A.D.2d 1032 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

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

Present — Dillon, P.J., Green, Pine, Balio and Lawton, JJ.

Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Special Term erred in denying petitioner's request for expungement from his institutional record of his assignment to Minimum Privilege Company (MPC). The record shows that Superintendent Smith agreed in May 1982 that the assignment to MPC was improper. Under these circumstances, petitioner is entitled to expungement (see, Matter of Ryan v Smith, 113 A.D.2d 1026).