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MATTER OF PORTER v. ANNUCCI

1383 TP 17-01062.

156 A.D.3d 1430 (2017)

65 N.Y.S.3d 884

2017 NY Slip Op 09016

In the Matter of ANTOINE PORTER, 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 22, 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 III disciplinary hearing, that he violated several inmate rules, including assault on an inmate in violation of inmate rule 100.10 (7 NYCRR 270.2 [B] [1] [i]). Contrary to petitioner's contention, the determination is supported by substantial...

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