MATTER OF COLEMAN v. KELLY


130 A.D.2d 976 (1987)

In the Matter of Cole Coleman, Petitioner, v. Walter Kelly, as Superintendent of Attica Correctional Facility, Respondent

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

May 22, 1987


Determination unanimously confirmed and petition dismissed.

Memorandum:

Petitioner, an inmate at the Attica Correctional Facility, commenced this CPLR article 78 proceeding seeking to annul a determination following a Tier III Superintendent's hearing. Petitioner alleged, inter alia, that the regulations promulgated by respondent fail to designate a range of penalties that could be imposed for Tier III violations, in violation of Correction Law §...

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