MATTER OF ADAMS v. ANNUCCI

142 TP 17-01432.

158 A.D.3d 1091 (2018)

70 N.Y.S.3d 671

2018 NY Slip Op 00695

In the Matter of JAMES ADAMS, Petitioner, 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 February 2, 2018.


It is hereby ordered that the determination is unanimously annulled on the law without costs, the petition is granted in part and the matter is remitted to respondent for a new hearing.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination, following a tier III hearing, that he violated inmate rules 100.11 (7 NYCRR 270.2 [B] [1] [ii] [assault on staff]), 104.11 (7 NYCRR 270.2 [B] [5] [ii] [violent conduct]), 106.10 (7...

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