Determination unanimously annulled on the law without costs and petition granted.
Memorandum:
Petitioner was found guilty of violating inmate rules 109.11 (7 NYCRR 270.2 [B] [10] [ii] [leaving assigned area without authorization]) and 116.12 (7 NYCRR 270.2 [B] [17] [iii] [forging a document]). The Hearing Officer relied on a misbehavior report prepared by Correction Officer Gagliardi. According to the report, petitioner had a visitor and was waiting for Gagliardi...
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