Petitioner commenced this CPLR article 78 proceeding challenging two determinations—one rendered March 3, 2010 and the other March 9, 2010—finding him guilty of violating various disciplinary rules. Initially, we find, and the Attorney General concedes, that because petitioner raised an issue during the second hearing regarding his mental health status, it was error not to receive testimony concerning petitioner's mental condition (see 7 NYCRR 254.6 ...
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