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MATTER OF HIZBULLAHANKHAMON v. FISCHER

60 A.D.3d 1340 (2009)

___ N.Y.S.2d ___

In the Matter of QABAIL HIZBULLAHANKHAMON, Petitioner, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided March 20, 2009.

It is hereby ordered that the determination is unanimously annulled on the law without costs, the amended petition is granted, and respondent is directed to expunge from petitioner's institutional record all references to the violation of inmate rules 113.22 (7 NYCRR 270.2 [B] [14] [xii]), 113.23 (7 NYCRR 270.2 [B] [14] [xiii]) and 114.10 (7 NYCRR 270.2 [B] [15] [i]).

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination...

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