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MATTER OF JOHNSON v. ECKERT

1224 TP 17-00672.

155 A.D.3d 1580 (2017)

63 N.Y.S.3d 784

2017 NY Slip Op 07841

In the Matter of LEROY JOHNSON, Petitioner, v. STEWART ECKERT, Superintendent, Wende Correctional Facility, Respondent.

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

Decided November 9, 2017.

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 II hearing, that he violated inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusal to obey order]) and 109.12 (7 NYCRR 270.2 [B] [10] [iii] [movement regulation violation]). Contrary to petitioner...

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