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MATTER OF BRADWAY v. ANNUCCI

1204 TP 16-00613.

145 A.D.3d 1590 (2016)

2016 NY Slip Op 08738

42 N.Y.S.3d 897

In the Matter of RYAN BRADWAY, Petitioner, v. ANTHONY ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided December 23, 2016.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III disciplinary hearing, that he violated inmate rule 113.24 (7 NYCRR 270.2 [B] [14] [xiv] [using drugs]). At the outset, we note that, "`[b]ecause the petition did not raise a substantial evidence issue, Supreme Court erred in transferring...

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