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MATTER OF BARNES v. ANNUCCI

587 CA 15-00173.

140 A.D.3d 1779 (2016)

32 N.Y.S.3d 804

2016 NY Slip Op 04855

In the Matter of ARRELLO BARNES, 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 17, 2016.

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

Memorandum: Petitioner, an inmate in state prison, commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination that he violated inmate rule 105.13 (7 NYCRR 270.2 [B] [6] [iv]), which prohibits the possession of gang-related material. The charge was based on letters containing gang-related references that had been sent to petitioner. We reject...

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