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MATTER OF BALLARD v. KICKBUSH

893 TP 18-00274.

165 A.D.3d 1587 (2018)

85 N.Y.S.3d 645

2018 NY Slip Op 06638

In the Matter of Darnell Ballard, Petitioner, v. Susan Kickbush, Superintendent, Gowanda Correctional Facility, Respondent.

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

Decided October 5, 2018.

It is hereby ordered that the determinations are unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determinations, following separate tier II disciplinary hearings, that he violated the inmate rules alleged in two unrelated misbehavior reports. Petitioner was charged in the first misbehavior report with violating inmate rules 106.10 (7 NYCRR 270.2 [B] [7] [i] [refusing...

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