MATTER OF BROWN v. FISCHER

TP 11-01688.

91 A.D.3d 1336 (2012)

936 N.Y.S.2d 831

2012 NY Slip Op 609

In the Matter of LASEAN BROWN, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided January 31, 2012.


It is hereby ordered that the determination is unanimously annulled on the law and facts without costs, the petition is granted and respondent is directed to expunge from petitioner's institutional record all references to the violation of inmate rules 102.10 (7 NYCRR 270.2 [B] [3] [i]) and 107.20 (7 NYCRR 270.2 [B] [8] [iii]).

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination...

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