Legal Opinion
Benito v. Calero
Appellate Division of the Supreme Court of the State of New York
Decided January 16, 2013Published
1Opinion of the Court
Froceeding pursuant to CFLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services dated August 19, 2010, which affirmed a determination of a hearing officer dated June 8, 2010, as modified June 30, 2010, made after a tier III disciplinary hearing, that the petitioner was guilty of violating prison disciplinary rules 113.13 and 113.23 (7 NYCRR 270.2 [B] [14] [iii], [xiii]).
Adjudged that the petition is granted, without costs or disbursements, the determination is annulled, the respondent is directed to expunge all references to the…
2Cases cited13 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- MATTER OF MILLER v. DeBuonoNew York Court of Appeals · 1997
- Alvarez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Edwards v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Adamson v. BartoAppellate Division of the Supreme Court of the State of New York · 2007
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