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MATTER OF CODY v. FISCHER

46 A.D.3d 1371 (2007)

848 N.Y.S.2d 489

In the Matter of ROLAND CODY, Petitioner, v. BRIAN FISCHER, 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.

Decided December 21, 2007.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs, the petition is granted and respondent is directed to expunge from petitioner's institutional record all references to the violation of inmate rule 105.12 (7 NYCRR 270.2 [B] [6] [iii]).

Memorandum:

Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination that he violated inmate rule 105.12 (7 NYCRR...

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