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IN THE MATTER OF GIBBS v. MILLER

10 A.D.3d 785 (2004)

781 N.Y.S.2d 804

In the Matter of BARRY GIBBS, Petitioner, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, et al., Respondents. (Proceeding No. 1.) In the Matter of BARRY GIBBS, Appellant, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, et al., Respondents. (Proceeding No. 2.)

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

September 23, 2004.

(1) Proceeding No. 1 pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Superintendent of Eastern Correctional Facility which found petitioner guilty of violating a prison disciplinary rule, and (2) appeal from a judgment of the Supreme Court (Kavanagh, J.), entered October 23, 2003 in Ulster County, which dismissed petitioner's application, in proceeding No. 2 pursuant to...

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