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MATTER OF NELSON v. ANNUCCI

526454.

165 A.D.3d 1339 (2018)

85 N.Y.S.3d 608

2018 NY Slip Op 06611

In the Matter of Jeffrey A. Nelson, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided October 4, 2018.

Petitioner commenced this CPLR article 78 proceeding to challenge two tier III prison disciplinary determinations. The first tier III determination, dated April 4, 2017, found petitioner guilty of violating various disciplinary rules stemming from an altercation with another inmate. The second tier III determination, dated April 21, 2017, found petitioner guilty of lewd conduct.

Initially, the Attorney General has advised...

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