Appellate Division of the Supreme Court of New York, 1986

Semkus v. Burns

Semkus v. Burns
Appellate Division of the Supreme Court of New York · Decided May 23, 1986
120 A.D.2d 972; 502 N.Y.S.2d 895; 1986 N.Y. App. Div. LEXIS 57078
Semkus v. Burns

Opinion of the Court

— Judgment, insofar as appealed from, unanimously reversed, on the law, and petition granted, in accordance with the following memorandum: Respondents concede that allegations regarding petitioner’s conviction for armed robbery and involvement in an escape are false and would not be considered in a review of his security *973classification. This information must, therefore, be expunged from petitioner’s institutional record to preclude any mistaken consideration of the data in future determinations of security classification, eligibility for parole, or other administrative matters. (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Pine and Balio, JJ.

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