MATTER OF TOCCO v. KELLY


138 A.D.2d 977 (1988)

In the Matter of Robert Tocco, 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.

March 4, 1988


Determination unanimously modified on the law and as modified, confirmed, in accordance with the following memorandum: Petitioner, an inmate at Attica Correctional Facility, was charged with violating disciplinary rules 113.00, 113.11 and 113.15. Respondent concedes that rule 113.00 (7 NYCRR 270.1 [b] [14] [i]) does not set forth any specific acts of misconduct and is merely a series heading. We conclude that the finding that petitioner violated this rule should, therefore...

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