MATTER OF EDWARDS v. FISCHER

945 TP 11-00552

87 A.D.3d 1328 (2011)

930 N.Y.S.2d 358

2011 NY Slip Op 6726

In the Matter of WILLIAM EDWARDS, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided September 30, 2011.


It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rule 113.25 (7 NYCRR 270.2 [B] [14] [xv]) and vacating the penalty and as modified the determination is confirmed without costs, respondent is directed to expunge from petitioner's institutional record all references to the violation of that inmate rule and the...

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