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MATTER OF HILL v. ANNUCCI

721 TP 21-00279.

198 A.D.3d 1316 (2021)

152 N.Y.S.3d 390

2021 NY Slip Op 05210

In the Matter of Vincent Hill, 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 October 1, 2021.

Attorney(s) appearing for the Case

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW ( ADAM W. KOCH OF COUNSEL), FOR Petitioner.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( KATHLEEN M. TREASURE OF COUNSEL), FOR Respondent.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the determination is unanimously confirmed without costs and the second amended petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III hearing, that he violated inmate rules 100.10 (7 NYCRR 270.2[B][1][i] [assault on an inmate]), 100.13 (7 NYCRR 270.2[B][1][iv] [fighting]), 104.11 (7 NYCRR 270.2[B][5][ii] [violent conduct]), and 113.10 (7 NYCRR 270.2...

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