Opinion
April 1, 1985
Appeal from the Supreme Court, Dutchess County (Leggett, J.).
Judgment reversed, on the law, without costs or disbursements, and petition granted to the extent that the determination is annulled and the respondent is directed to expunge from petitioner's institutional records all reference to the charges underlying the superintendent's proceeding in question.
Respondent violated 7 NYCRR 251-5.1 by failing to commence a superintendent's hearing within seven days of petitioner's initial confinement to his cell. Moreover, petitioner's due process rights were violated by respondent's failure to provide him with a transcript of the superintendent's hearing ( see, Matter of Crudo v. Fogg, 69 A.D.2d 902; Matter of Hurley v. Ward, 61 A.D.2d 881; Matter of Walls v. Scully, 121 Misc.2d 698; Matter of Lozada v. Scully, 108 A.D.2d 859). Thompson, J.P., Bracken, O'Connor and Weinstein, JJ., concur.