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MATTER OF CORNELL v. ANNUCCI

440 CA 18-01187.

173 A.D.3d 1760 (2019)

100 N.Y.S.3d 597

2019 NY Slip Op 04836

In the Matter of Travis J. Cornell, 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 June 14, 2019.

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

Memorandum: Petitioner appeals from a judgment dismissing his amended CPLR article 78 petition to annul respondent's determination, following a tier III hearing, that he violated various inmate rules. We affirm.

Insofar as relevant here, 7 NYCRR 254.1 precludes a person who "investigated the incident" from presiding at a tier III inmate disciplinary hearing. Contrary...

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