Adjudged that the petition is granted, without costs or disbursements, the determination is annulled, the charge against the petitioner for violating Institutional Rules of Conduct rule 113.24 (7 NYCRR 270.2 [B] [14] [xiv]) is dismissed, and the respondent is directed to expunge all references to the finding from the petitioner's institutional record.
The petitioner contends that the hearing officer's determination
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