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MATTER OF SIERRA v. ANNUCCI

1077 CA 15-01199.

145 A.D.3d 1496 (2016)

2016 NY Slip Op 08656

44 N.Y.S.3d 827

In the Matter of LEONIDES SIERRA, 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 December 23, 2016.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, made after a tier III hearing, that he violated inmate rule 1.00 (7 NYCRR 270.2 [A]). Petitioner was charged with the rule violation in a misbehavior report alleging that, while confined in a state correctional facility, he was...

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