Cody v. Fischer

*1372Proceeding 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, Wyoming County [Mark H. Dadd, A.J.], entered July 2, 2007) to annul a determination of respondent. The determination found after a tier III hearing that petitioner violated an inmate rule.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs, the petition is granted and respondent is directed to expunge from petitioner’s institutional record all references to the…