Adjudged that the petition is granted, without costs or disbursements, to the extent that the determination is annulled and the matter is remitted to the respondent for a new hearing and a new determination thereafter in accordance herewith, the petition is otherwise denied, and the proceeding is otherwise dismissed.
On March 3, 2008, the petitioner was charged with violating prison disciplinary rules 113.25 (7 NYCRR 270.2 [B] [14] [xv]), and 114.10 (7 NYCRR 270.2...
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