It is hereby ordered that the determination be and the same hereby is unanimously modified on the law by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]) and as modified the determination is confirmed without costs, and respondent is directed to expunge from petitioner's institutional record all references thereto.
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