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MATTER OF HAREWOOD v. LECLAIRE, JR.

45 A.D.3d 1455 (2007)

846 N.Y.S.2d 533

In the Matter of IAN HAREWOOD, Petitioner, v. LUCIEN LECLAIRE, JR., as Acting 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 November 23, 2007.

It is hereby ordered that the determination be and the same hereby is confirmed without costs and the petition is dismissed.

Memorandum:

Petitioner commenced this proceeding seeking to annul the determination, following a tier II hearing, that he violated inmate rules 109.10 (7 NYCRR 270.2 [B] [10] [i]) and 109.12 (7 NYCRR 270.2 [B] [10] [iii]) by being out of place in an area of the correctional facility and by failing to follow facility regulations and staff...

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