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In the Matter of CHARLES HETHERINGTON, Appellant, v. THOMAS A. COUGHLIN, III, as Commissioner of the New York State Department of Correctional Ser

Ordered that the judgment is reversed, on the law, without costs or disbursements, the judgment, dated August 2, 1984, is vacated, the petition is granted and it is directed that the notation that the petitioner is a fugitive from the Alabama Correctional System is to be expunged from his prison file.

It is uncontested that the reference to the petitioner in his prison file as a fugitive from the Alabama Correctional System is incorrect. In order to insure that this false information is not considered in future deliberations concerning the petitioner's status, the notation should be expunged. Mollen, P.J., Bracken, Lawrence, Kooper and Sullivan, JJ., concur.

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MATTER OF HETHERINGTON v. COUGHLIN
(Feb 2, 1987)