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MATTER OF TOLLIVER v. FISCHER

518816.

125 A.D.3d 1023 (2015)

2 N.Y.S.3d 694

In the Matter of ERIC TOLLIVER, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 5, 2015.

Petitioner commenced this CPLR article 78 proceeding to challenge a determination finding him guilty of violating two prison disciplinary rules. Supreme Court dismissed the petition. Because we are precluded from conducting a meaningful review due to transcription errors, we reverse (see Matter of Tolliver v Fischer, 105 A.D.3d 1239, 1239 [2013]). Sections of the transcript of the disciplinary hearing are clearly out of order, as...

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