Haddad v. Selsky

—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Seneca County (Bender, J.), entered June 5, 2002, 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 and the petition is granted in part by annulling the determination that petitioner violated inmate rule 104.12 and directing that all references thereto be expunged from petitioner’s institutional record and as modified the determination is confirmed without costs.

Memorandum: Petitioner challenges the…