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MATTER OF POLITE v. GOORD

245 A.D.2d 1109 (1997)

666 N.Y.S.2d 94

In the Matter of Gary Polite, Petitioner, v. Glenn S. Goord, as Commissioner of New York State Department of Correctional Services, Respondent

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

December 31, 1997

Order unanimously vacated without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to annul a determination that he violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]) by possessing the materials of an unauthorized organization. Supreme Court erred in transferring the proceeding to this Court without first requiring respondent to submit a complete record...

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