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MATTER OF PHILLIPS v. ANNUCCI

571 CA 16-00385.

150 A.D.3d 1673 (2017)

53 N.Y.S.3d 448

2017 NY Slip Op 03661

In the Matter of JASON PHILLIPS, Appellant, 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 May 5, 2017.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding seeking to annul a determination finding him guilty, following a tier III hearing, of violating inmate rules 101.10 (7 NYCRR 270.2 [B] [2] [i] [engaging in sexual acts]), 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusing a direct order]), and 180.10 (7 NYCRR 270.2 [B] [26] [i] [violating...

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