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MATTER OF JACKSON v. ANNUCCI

2014-05635, Index No. 1043/14.

132 A.D.3d 994 (2015)

18 N.Y.S.3d 698

2015 NY Slip Op 07842

In the Matter of DWIGHT JACKSON, Petitioner, v. ANTHONY ANNUCCI, Respondent.

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

Decided October 28, 2015.

Proceeding pursuant to CPLR article 78 to review a determination of the respondent, the Commissioner of the New York State Department of Corrections and Community Supervision, dated October 31, 2013, which confirmed a determination of a hearing officer dated August 28, 2013, made after a tier III disciplinary hearing, finding the petitioner guilty of violating prison disciplinary rules and imposing a penalty.

Adjudged that the petition is granted, on the law, without...

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