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MATTER OF STEWART v. FISCHER

867 TP 13-00379

109 A.D.3d 1122 (2013)

971 N.Y.S.2d 618

2013 NY Slip Op 6130

In the Matter of RANDOLPH STEWART, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided September 27, 2013.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Mark H. Dadd, A.J.], entered February 27, 2013) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

It is hereby ordered that the determination so appealed from is unanimously modified on the law and...

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