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MATTER OF CROSS v. GOORD

2 A.D.3d 1425 (2003)

770 N.Y.S.2d 245

In the Matter of THOMAS CROSS, 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, 2003.

CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County (Marshall, J.), entered April 30, 2003, seeking to annul a determination of respondent after a Tier III hearing.

It is hereby ordered that the determination be and the same hereby is unanimously modified on the law by granting the petition in part, annulling those parts of the determination finding that petitioner violated inmate rules 113.20 (7 NYCRR 270.2 [B] [14] [xi...

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