MATTER OF LINER v. FISCHER

TP 12-00223.

96 A.D.3d 1416 (2012)

946 N.Y.S.2d 737

2012 NY Slip Op 4500

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

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

June 8, 2012.


It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling those parts of the determination finding that petitioner violated inmate rule 180.17 (7 NYCRR 270.2 [B] [26] [vii]) and vacating the recommended loss of good time and as modified the determination is confirmed without costs, respondent is directed to expunge from petitioner's institutional record all references to the violations...

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