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MATTER OF ROBINSON v. FISCHER

1444 CA 08-01930

68 A.D.3d 1687 (2009)

2009 NY Slip Op 9770

892 N.Y.S.2d 698

In the Matter of ANDREW ROBINSON, Appellant, v. BRIAN FISCHER, Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided December 30, 2009.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the petition in part, annulling those parts of the determination finding that petitioner violated inmate rules 100.10 (7 NYCRR 270.2 [B] [1] [i]) and 104.11 (7 NYCRR 270.2 [B] [5] [ii]) and by vacating the recommended loss of good time and as modified the judgment is affirmed without costs, and the matter is remitted to respondent for further proceedings in accordance with...

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