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MATTER OF NOWLIN v. SCULLY

137 Misc.2d 446 (1987)

In the Matter of Kenneth Nowlin, Petitioner, v. Charles Scully, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

Supreme Court, Trial and Special Term, Dutchess County.

November 4, 1987

Attorney(s) appearing for the Case

Dan Getman, Robert Selcov and David C. Leven for petitioner. Robert Abrams, Attorney-General (Michael E. Timm of counsel), for respondents.

J. RADLEY HEROLD, J.

Petitioner herein challenges, on various grounds, the disciplinary action taken against him on April 1, 1987 at the conclusion of a Superintendent's hearing. This court hereby grants the petition to the extent that the determination of the Hearing Officer together with the subsequent penalty imposed is vacated and a new hearing ordered. Said hearing is to commence within seven days of...

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