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MATTER OF GRAY v. KIRKPATRICK

59 A.D.3d 1092 (2009)

873 N.Y.S.2d 816

In the Matter of JOSEPH GRAY, Appellant, v. ROBERT A. KIRKPATRICK, Superintendent, Wende Correctional Facility, Respondent.

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

Decided February 6, 2009.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to expunge the determination that he violated two inmate rules. We conclude that Supreme Court properly dismissed the petition. We agree with petitioner that there was a violation of 7 NYCRR 251-4.2 based on the failure of his two employee assistants to interview requested witnesses and...

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