MATTER OF HICKS v. SCULLY

Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted, the determination is annulled, the charge is dismissed, and the respondent is directed to expunge from the petitioner's institutional record all reference to the charges underlying the Superintendent's proceeding.

The second extension granted to the respondent pursuant to 7 NYCRR 251-5.1 was invalid, as it was obtained after the first extension had expired and while the petitioner was still confined in a special housing unit (see, Matter of Wysinger v Scully, 150 A.D.2d 468; Matter of Brito v Sullivan, 141 A.D.2d 819). In any event, the hearing was not completed until after the date prescribed by the second extension (see, 7 NYCRR 251-5.1 [b]). Thus, the determination is annulled and all references to the charges underlying the Superintendent's proceeding in the petitioner's institutional record are directed to be expunged (see, Matter of Coley v Sullivan, 126 A.D.2d 641; Matter of Lozada v Scully, 108 A.D.2d 859). Brown, J.P., Lawrence, Eiber and Rosenblatt, JJ., concur.