Stacchini v. Filion

—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Oneida County (Siegel, J.), entered January 8, 2003, seeking review of a determination after a Tier III hearing.

It is hereby ordered that the determination be and the same hereby is unanimously modified on the law by granting the petition in part and annulling that part of the determination finding that petitioner violated inmate rule 180.17 (7 NYCRR 270.2 [B] [26] [vii]) and as modified the determination is *915confirmed without costs, and respondent is directed to expunge from petitioner’s institutional record…