MATTER OF D'ANTUONO v. GRAHAM

431 TP 17-01553.

160 A.D.3d 1430 (2018)

75 N.Y.S.3d 402

2018 NY Slip Op 02967

In the Matter of Frank D'Antuono, Petitioner, v. Harold D. Graham, Superintendent, Auburn Correctional Facility, Respondent.

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

Decided April 27, 2018.


It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rules 100.13 (7 NYCRR 270.2 [B] [1] [iv]), 104.11 (7 NYCRR 270.2 [B] [5] [ii]) and 104.13 (7 NYCRR 270.2 [B] [5] [iv]), and vacating the recommended loss of good time, and as modified the determination is confirmed without costs, respondent is directed to expunge...

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