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MATTER OF BALKUM v. FISCHER

TP 12-00298.

98 A.D.3d 1321 (2012)

951 N.Y.S.2d 634

2012 NY Slip Op 6487

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

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

September 28, 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 rules 100.13 (7 NYCRR 270.2 [B] [1] [iv]) and 104.13 (7 NYCRR 270.2 [B] [5] [iv]) 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...

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