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MATTER OF WEECH v. KELLY

133 A.D.2d 538 (1987)

In the Matter of Anthony P. Weech, 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.

September 30, 1987

Determination unanimously modified on the law and as modified confirmed, in accordance with the following memorandum: The decision of the Hearing Officer that petitioner violated rule 106.10 of the regulations governing inmate behavior (7 NYCRR 270.1 [b] [7]) is not supported by substantial evidence and it must therefore be nullified and expunged from petitioner's record. Respondents concede that petitioner's failure to appear at his work program, without more, does not constitute...

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