MATTER OF COTTO v. BAUTISTA


252 A.D.2d 977 (1998)

676 N.Y.S.2d 373

In the Matter of Eddie Cotto, Petitioner, v. Wilfredo Bautista, as Superintendent of Marcy Correctional Facility, et al., Respondents

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

July 8, 1998


Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii] [engaging in unauthorized organizational activities]). In finding petitioner guilty, the Hearing Officer relied on a report reciting confidential information identifying petitioner as a member...

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