Matter Ron Johnson v. Harold J. Smith

Appeal, in Proceeding No. 1, from a judgment of the Supreme Court at Special Term (Cerrito, J.), entered December 21, 1979 in Clinton County, which granted petitioners application, in a proceeding pursuant to CPLR article 78, to annul the determination of a superintendents proceeding and directed that all references thereto be expunged from petitioners records. Appeal, in Proceeding No. 2, from a judgment of the Supreme Court at Special Term (Ford, J.), entered September 12, 1980 in Clinton County, which, inter alia, granted petitioners applications, in a proceeding pursuant to CPLR article 78, to annul determinations of two superintendents proceedings and directed that all references thereto be expunged from petitioners records. The three petitioners in these proceedings were inmates at State correctional facilities, petitioner Johnson at Attica Correctional Facility and petitioners Clark and Taylor at Clinton Correctional Facility, when misbehavior reports were filed against each of them because of their alleged misconduct. Following the conducting of superintendents proceedings on the various charges, determinations were made imposing certain [83 A.D.2d 721 Page 722]