Kalish v. Keane

—Proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Department of Correctional Services, dated January 22, 1997, which affirmed a determination of a Hearing Officer dated November 4, 1996, .made after a Tier III disciplinary hearing, finding the petitioner guilty of violating a prison disciplinary rule prohibiting the possession or use of a controlled substance, and imposing a penalty.

Adjudged that the petition is granted, on the law, without costs or disbursements, the determination is annulled, the charge is dismissed, and the…