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MATTER OF SELL v. YEHL

780 TP 22-00825.

210 A.D.3d 1503 (2022)

176 N.Y.S.3d 828

2022 NY Slip Op 06590

In the Matter of David Sell, Petitioner, v. C. Yehl, Superintendent, Wende Correctional Facility, Respondent.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

LOU FOX, BROOKLYN, FOR PETITIONER.

LETITIA JAMES, ATTORNEY GENERAL, ALBANY (KEVIN C. HU OF COUNSEL), FOR RESPONDENT.

Present— Lindley, J.P., NeMoyer, Winslow, Bannister and Montour, JJ.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [Paul Wojtaszek, J.], entered May 17, 2022) to review a determination of respondent. The determination found after a tier II hearing that petitioner had violated a disciplinary rule.

It is hereby ordered that the determination is unanimously confirmed...

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