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In the Matter of RONALD FOX, Appellant, v. BRIAN F. MALONE, as Inspector General of the New York State Department of Correctional Ser

Petitioner contends that information contained in institutional records prepared prior to his transfer from Sullivan Correctional Facility to Attica Correctional Facility indicating that he is a security problem are inaccurate, and that he should have been afforded a hearing at which to contest the information. The only records shown to contain the information contested are program security and assessment summary forms. Petitioner has no right to contest the information in such forms (see, Matter of Eastman v Malone, 186 A.D.2d 840; Matter of Rowland D. v Scully, 152 A.D.2d 570, affd 76 N.Y.2d 725).

Weiss, P.J., Mikoll, Mercure and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.

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MATTER OF FOX v. MALONE
(Sep 23, 1993)