IN THE MATTER OF GILCHRIST v. POOLE


4 A.D.3d 830 (2004)

771 N.Y.S.2d 451

In the Matter of VICTOR GILCHRIST, Respondent, v. THOMAS POOLE, as Superintendent of Five Points Correctional Facility, et al., Appellants.

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

February 11, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

We agree with respondents that Supreme Court erred in granting the CPLR article 78 petition seeking to annul the determination finding petitioner guilty of violating inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xv] [use of a controlled substance]). The court erred in relying on 7 NYCRR 254...

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