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MATTER OF ORTIZ v. ROURKE

241 A.D.2d 962 (1997)

661 N.Y.S.2d 401

In the Matter of Michael Ortiz, Petitioner, v. John R. Rourke et al., Respondents

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

July 3, 1997

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Petitioner was found guilty after a Tier III hearing of violating inmate rules 1.00 (7 NYCRR 270.2 [A] [Penal Law offense]), 114.10 (7 NYCRR 270.2 [B] [15] [i] [smuggling]), and 113.12 (7 NYCRR 270.2 [B] [14] [iii] [possession, use, sale or exchange of a controlled substance]). On petitioner's administrative appeal, the determination of guilt was reversed and a new hearing...

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